Silence on wills costs Black families lost homes, fractured relationships and jeopardized generational wealth

In many Black families, conversations about death are quietly avoided, wrapped in superstition, faith, and a deep mistrust of legal systems that have historically failed to protect Black lives or property.

But attorneys and advocates say that silence has real consequences, including lost homes, fractured families, and generational wealth that never has a chance to take root.

“Everyone assumes that when someone passes, everything will be okay,” said Shandrea Sellers, an estate planning attorney who focuses on probate, guardianship, and legacy planning. “But titles are usually not clear. Land ownership is sometimes uncertain. And that’s how families lose property.”

Sellers said the most common mistake she sees in families is not having a plan at all. The second is believing estate planning is only for the wealthy.

Estate planning, experts say, is a critical but often overlooked tool for Black families seeking to secure their loved ones’ wishes and build generational wealth.

Through wills or revocable living trusts, families can proactively address historical wealth disparities and systemic injustices that have long hindered wealth accumulation in Black communities.

“A lot of people think they need to be rich in order to do a will,” said estate planner Sherwood Brown. “But a will can protect everything from who will get your house to who can go get your $12 out of the bank. It also removes the lack of clarity around your wishes and drama among family members. Everyone over the age of 18 should have a last will and testament.”

Dismantling generational wealth

Homeownership, one of the most effective paths to wealth-building, is especially vulnerable. When a homeowner dies without a will, the property often becomes “heirs’ property,” an unstable form of ownership that requires probate, which is a costly, time-consuming legal process.

Probate expenses can range from 3% to 10% of an estate’s value. When a home cannot be divided, heirs receive fractional ownership, limiting access to loans, repairs, tax exemptions, and protection from forced sales.

Research from the Urban Institute shows that nearly 70% of senior Black homeowners and 76% of senior Hispanic homeowners do not have a will or trust, compared with 35% of older white homeowners with children. More than 60% of older Black and Hispanic homeowners without wills have less than $500 in liquid assets, making even basic estate planning difficult. By contrast, just 27% of white homeowners without wills fall into that category.

These gaps compound a racial wealth divide shaped by redlining, discriminatory lending, inequitable property tax systems, and exclusion from legal protections. Today, the typical Black family holds about 15% of the wealth of the typical white family.

The roots of this crisis stretch back generations. In the early 1900s, Black farmers owned an estimated 16 to 19 million acres of land. Today, fewer than 3 million acres remain under Black ownership. Much of that loss, historians note, stemmed from the absence of formal documentation – wills, deeds, and titles – that would have secured inheritance rights and decision-making power.

The veil of silence

Cultural beliefs also play a role in many families’ reluctance to discuss wills. Many churches emphasize spiritual readiness while avoiding conversations about legal preparation. Talking about death can feel morbid, unfaithful, or like “speaking it into existence.”

“I understand that hesitation,” Sellers said. “But when families don’t have to ask questions about what you wanted, it allows them to grieve instead of scrambling during the most painful moments of their lives.”

Sellers points to her own family as an example. When her mother died late last year, everything was already planned.

“There was never a moment of disagreement or confusion,” she said. “We were simply following her instructions and honoring her memory.”

Estate planning – even without an estate

Estate planning is also increasingly important as Black entrepreneurship grows. From 2017 to 2020, the growth rate of Blackowned businesses surpassed the overall rate of new business creation nationwide. Without a plan, business assets, partnerships, and employee livelihoods can be thrown into uncertainty when an owner dies.

Experts say having a will can ensure everything you own gets to the people you choose, without adding the burden of legal challenges to the emotional burden of losing you.

“Some people don’t think they have enough assets, especially if they didn’t own property,” as in a home or other real estate, to pass on, says Rasheda Williams, whose grandmother, uncle, mother, and brother died recently without wills and have gone through the probate process, a formal legal process for distributing assets to beneficiaries. “Vehicles, family keepsakes, and other items should be willed,” she learned.

Williams says the probate process she went through when her grandmother died took seven months and cost her $700 because her grandmother didn’t have updated bank account beneficiaries, people designated to receive the funds when she died. Williams was designated as a beneficiary on two insurance policies; however, this made the process easier, she says.

And if you die without a will and your family doesn’t have the “typical” mom, dad, and kids nuclear family structure, it could be more likely that your assets won’t go where you want them to go, says Marty Shenkman, a lawyer and board member of the National Association of Estate Planners & Councils.

A will can help ensure that anything you own gets passed on precisely as you want, not as the state thinks you’d want.

Overcoming obstacles

Another barrier is access. Attorney fees, often ranging from $500 to $1,500 for a basic will, deter many families. Black attorneys make up only about 5% of lawyers in the U.S., leaving some families hesitant to engage with professionals they fear may not understand their cultural or community needs.

To help close that gap, organizations like FreeWill are working to democratize estate planning. FreeWill provides free online tools that allow users to create or update a will in about 20 minutes, along with documents such as durable financial powers of attorney and advance healthcare directives, all at no cost.

Advocates say the goal is not just protecting money, but preserving legacy.

“Estate planning is stewardship,” Sellers said. “It’s about making sure your family is protected, your values are honored, and the things you worked for don’t disappear.”

As Black families continue to navigate the aftershocks of historical injustice, experts say breaking the silence around wills may be one of the most powerful steps toward preserving homes, culture, and community, long after the funeral is over.

This article was originally published on Defender Network.