October 23, 2026
A promise made at the kitchen table does not transfer ownership of a home.
By Jehan Crump-Gibson, Esq.
“Grandma always said we would get the house.” Families often share some version of that statement with me after a loved one dies. They say it with conviction. But often, that promise is not reflected in the legal documents needed to carry it out.
A promise made at the kitchen table does not transfer ownership of a home. When a homeowner dies without valid legal documents directing how the property will pass, state law determines who inherits. Especially in larger families, several relatives may inherit shares of the same home. That shared ownership can complicate decisions about selling, refinancing, or paying for major repairs. A family’s most valuable asset can quickly become its most contested one. National Estate Planning Awareness Week, observed this year from Oct. 19 to 25, is a good time to turn that promise into a plan.
The Paperwork Gap
Homeownership remains one of the most important ways Black families build wealth, and about 44% of Black households owned their homes at the end of 2025, according to Census Bureau data. Far fewer have planned for what happens to those homes next. In Caring.com’s 2025 Wills Survey, just 16% of Black respondents said they had a will, down from 19.4% a year earlier, and 62% reported having no estate planning documents at all.
When a homeowner dies without valid estate planning documents or another legally effective means of transferring the home, multiple relatives may inherit shares of the property. This can create what is commonly called “heirs’ property,” with ownership interests that may remain undocumented or become harder to trace over generations. The U.S. Department of Agriculture has called heirs’ property the leading cause of Black involuntary land loss. The problem is not only rural. Research from the Housing Assistance Council has identified more than 580,000 residential heirs’ properties nationwide, with a combined assessed value of $32.3 billion, and researchers consider that count conservative.
Heirs’ property can leave families vulnerable. When ownership is unclear or not properly documented, families may face barriers to borrowing against the home or qualifying for certain home repair, disaster assistance, or property tax payment plan programs. When relatives share ownership, one may be able to sell their interest to a third party. That new co-owner may then ask a court to order the sale of the entire property, subject to state law and any protections available to the other owners.
Know Where the Paper Lives
Protecting the family home starts with a plan. But where do you begin? Start with the deed to confirm who legally owns the home. Then review any existing will, trust, or other estate planning documents with an attorney to make sure they work together to carry out your wishes. Address any ownership issues as part of that process: you cannot transfer property you do not own or have legal authority to transfer.
Many families are surprised to learn that a will alone does not avoid probate. If your goal is to transfer the home without probate, ask what options your state’s law provides and what steps you need to take to put them in place. Simply signing a trust, for example, may not accomplish that goal unless the home is properly titled in the trust’s name or otherwise legally arranged to pass to it.
Tell at least one trusted person where these documents are kept. A plan no one can find helps no one.
Who Will Handle Things When You’re Gone?
Do not leave your family guessing about who should handle the home after your death. I often hear relatives say they should be in charge because they are the oldest child, have been paying the property taxes, or live in the house. None of those facts give someone legal authority to manage or sell the property. Your estate planning documents should identify who will be responsible for carrying out your wishes after your death.
How you plan for the home will depend on state law, your goals, and your family’s circumstances. Options may include a will naming a personal representative, a revocable living trust with a successor trustee, or a transfer-on-death or enhanced life estate deed identifying who will receive the home. These tools serve different purposes, and estate planning is not one-size-fits-all. A qualified estate planning attorney can help you choose the right approach, clarify who will inherit the property, and identify who will be responsible for carrying out your wishes.
Make The Decisions While They’re Yours To Make
The hardest part of protecting a family home can be starting the conversation. Parents worry about appearing to favor one child over another, while children hesitate to ask about inheritance for fear of seeming eager to benefit. Too often, no one says anything until a funeral forces the question.
Make these decisions while you can thoughtfully consider your wishes and put them into legally effective documents. Do you want someone to have the option to remain in the home? Should it be sold and the proceeds divided? If relatives will share ownership, how should a buyout or future sale be handled? A qualified estate planning attorney can help you weigh those choices privately and independently, without pressure from anyone who may benefit. A clear, properly documented plan can reduce the risk of family conflict and costly court proceedings.
A promise expresses your wishes. A legally sound estate plan helps carry them out. This week, and every week after, one of the most loving things you can do is put those wishes into action with a plan that protects your home and the people you hope to leave it to.
Jehan Crump-Gibson is co-founder and managing partner of Great Lakes Legal Group in Michigan and author of A Matter of Life and Death, a practical guide to handling family affairs during illness and after death while avoiding probate court. This article is for general information and is not legal advice.
