Estate planning workshop enlightens attendees
By Felicia S.W. Thomas
Special to the Outlook
Matters related to estate planning are so vital that a recent workshop at the Lincoln Neighborhood Center attracted attendees from out of town last Saturday.
The workshop was presented by the Federation of Southern Cooperatives/Land Assistance Fund, in conjunction with the Heirs’ Property Project, Inc.
Presentations covered the necessity of estate planning, including will preparation, mediation, and financial resources available to tackle heirs’ property issues. Approximately 50 people attended the workshop, with some traveling from as far away as Ocala, Fla., and New York.
“Black farmland ownership, which peaked in 1910 at 16 to 19 million acres, has decreased to approximately 2.3 million acres since then,” said Tamara Veal, a legal fellow with the Federation. “One of the primary reasons for this loss of property is heirs’ property.”
The Federation is a 56-year-old regional cooperative and rural economic development organization serving a membership of Black farmers, landowners, cooperatives, and other low-income rural people in the South with coop development, land retention, and advocacy. It offers land retention, heir property assistance and mediation in Alabama, Florida, Georgia, Louisiana, Mississippi, South Carolina, North Carolina, Texas and the U.S. Virgin Islands.
When landowners pass away without a will, their property goes to heirs by operation of law but without clear title. The property remains titled in the name of a deceased person, the definition of heirs’ property, which is a barrier to mortgaging, selling or obtaining a homestead exemption on the property. It also precludes the receipt of government assistance in the event of a disaster. Family dysfunction results from these issues, adding further complications and expense to clearing title.
“One way to make it less expensive to clear title is for families to participate in mediation. Sometimes it’s better to talk to someone outside of the family,” said LyTanya N. Brown, J.D., Director of the Mississippi Agricultural Mediation Program.
The Heirs’ Property Project, Inc., a non-profit organization consisting of five local attorneys, assisted the Federation. The members, attorneys Karen P. Campbell, Andrea V. Nelson, Gwendolyn J. Spencer, Phelicia D. Stiell, and Felicia S.W. Thomas were instrumental in advertising the workshop to the community, answering broad legal questions at the workshop and offering consultations to those attendees who requested it.
Marc Michael, the Financial Literacy Training Coordinator, provided information on the USDA Heirs’ Property Relending Program.
“Congress has allocated $100 million to address heirs’ property issues. Landowners can use the funds for legal services and buying out other heirs,” he said.
Michael and Brown were assisted by the Federation’s legal interns, Khyla Morgan and Dayleen Chery. The team travels frequently to the southern states where they offer assistance.
“We spend two out of three days on the road putting on these workshops,” said Veal. With the exception of attorney Brown, their home base is Eastpoint, Ga. They will travel to Alabama next week.
The need for more workshops like this is apparent, as many attendees expressed. Many have been searching for solutions to heirs’ property issues for decades.
Nettie Walker-Palmore, one of the attendees, is one such local citizen experiencing an issue with heirs’ property.
“I really appreciate the workshop and the opportunity to speak to attorneys about my situation,” said Walker-Palmore. “It feels like a burden has been lifted.”
For more information on future heirs’ property workshops and contacting the Heirs’ Property Project, Inc., call (850) 366-3910.
Felicia S.W. Thomas is an attorney practicing in Tallahassee, Fla.
