1. Addressing blight through heirs property remediation Veronica McClendon staff attorney

2. WHAT IS HEIRS PROPERTY?
Home or land that has been passed from generation to generation without legally documenting a designated owner
The recorded deed for the property is typically in the name of a deceased relative
This results in “fractured” title shared among multiple family members
Heirs property is created when:
The owner dies with a will leaving property to multiple relatives; or
The owner dies without a will so the property passes to heirs at law.

3. HEIRS PROPERTY EXAMPLE #1
Grandma owns a home and dies without a will.
She is survived by her husband and 6 children.
The property is co-owned by the 7 heirs.
Grandma
Amy
Brad
Calvin
Donald
Erica
Frank
Grandpa

4. HEIRS PROPERTY EXAMPLE #2
Grandma is survived by her husband and 4 of their children.
The 2 other children died before grandma and did not have wills.
But each of grandma’s deceased children were survived by 3 children.
The property is co-owned by 11 heirs.
Grandma
Amy
Alex
Amanda
Alvin
Brad
Calvin
Donald
Erica
Frank
Fred
Felicia
Felicity
Grandpa

5. HEIRS PROPERTY EXAMPLE #3
Grandma is survived by her husband and their 6 children.
2 children died after Grandma and did not have wills.
Each deceased child was survived by 3 children and 1 spouse.
The property is now co-owned by 13 people.
Grandma
Amy
Alex
Amanda
Alvin
Alex, Sr.
Brad
Calvin
Donald
Erica
Frank
Fred
Felicia
Felicity
Jane
Grandpa

6. WHAT ARE THE IMPLICATIONS FOR COMMUNITIES?
Many blighted properties are abandoned heirs property
Status makes it difficult for cities to identify owners and enforce code ordinances and collect property taxes
Heirs property is a contributing factor to the decrease in owner- occupied homes
Heirs property hinders efforts to increase affordable housing and family stability
Communities can lose funding for revitalization efforts if heirs property is pervasive

7. WHAT ARE THE IMPLICATIONS FOR THE HEIRS?
Face increased risk of forced sale and eviction
Cannot sell or mortgage property without agreement of all heirs
Cannot qualify for rehab programs or secure financing for needed repairs
May not qualify for loss mitigation (foreclosure prevention) programs when facing foreclosure
Family relationships may be permanently ruined
Can lose a connection to family history and community
Can also lose the sense of freedom associated with ownership

8. HOW DOES GEORGIA HEIRS PROPERTY LAW CENTER HELP?
Nonprofit law firm originally incubated by Georgia Appleseed Center for Law and Justice
The Center’s mission is to increase generational wealth, social justice and community stability by securing and preserving property rights
Strategic partnerships;
Direct legal services; and
Education and technical assistance in the financial and legal management of land.
6 attorneys, 1 social worker, and 2 community advocates, plus a network of pro bono volunteers
Offices in Atlanta, Athens, Fitzgerald, and Macon
Geographic focus in Atlanta and Southwest Georgia
Provide services pro bono and on a sliding fee scale based on income

9. HOW DOES THE CENTER HELP COMMUNITIES WITH HEIRS PROPERTY?
Educates community leaders and stakeholders about heirs property and its potential impact on owners and their communities
Conducts title audits for neighborhoods with extensive blight to identify heirs properties and determine ownership
Clears title so homeowners can participate in rehab loan programs and other revitalization efforts
Positions communities to apply for and effectively utilize funding for redevelopment and historic preservation projects
Work with local governments and nonprofits to provide early intervention services for properties at risk of becoming blighted

10. HOW DOES THE CENTER HELP INDIVIDUALS WITH HEIRS PROPERTY?
Many heirs want to keep their property but don’t know where to go for resources.
Consults with families on the status of their property and explore solutions for securing clear, marketable title
Provides direct legal representation to property owners to unlock the value in their heirs property by:
Assisting heirs with probating their deceased relatives’ wills and estates
Working to consolidate title into the names of 1 or 2 heirs
All heirs agree to convey their interests to specific relative(s)
Multiple owners could be “joint tenants with right of survivorship” or hold life estates
Creating a limited liability company or trust to hold the property
All heirs must transfer their interests to company or trust
Must have mechanism or agreement for paying taxes and other expenses
Having all heirs sign a tenancy in common agreement designating how the property can be used

11. HOW DOES THE CENTER HELP PREVENT HEIRS PROPERTY PROBLEMS?
Develops estate plans for property owners
Prepares last wills and testaments directing how their property will be distributed upon their death
Assists with executing advanced directives for healthcare and financial powers of attorney
Heirs property owners need wills even if they only own a fractional interest in property to avoid compounding the problem.
Trains clients about financial planning and management of their properties to increase their value and generate wealth now and for future generations
Positions clients to access government, private sector and nonprofit programs that encourage property ownership and housing stability

12. Georgia Heirs Property Law Center
QUESTIONS?
Veronica McClendon
Staff Attorney
Georgia Heirs Property Law Center
(706)
@gaheirsproperty.org