Where there is a will
Life and death, there is a way
Linda, where are you?
I would like to take a moment to remember one of the highest points of my law school career: I used power tools for the first time to build a ramp as part of an Alternative Spring Break Program through Georgia State University’s College of Law Pro-Bono Center. During the week of March 10-15, 2024, in lieu of a traditional spring break, I participated in the “Protect Homeowners in Georgia” community service project to provide legal assistance to low-income residents.
Our team collaborated with several organizations, including the Georgia Legal Services Program, Coweta County Long-Term Recovery Group (CCLTRG), and Georgia Advancing Communities Together (ACT). We partnered with CCLTRG to build a ramp for a disabled, low-income veteran, and we worked with ACT to visit the state capitol and advocate for affordable housing. Additionally, we learned about heirs’ property and teamed up with the Georgia State Bar to assist in creating wills and initiating estate planning for low-income clients. Finally, we engaged in discussions with an attorney from Equal Justice Works, who was focused on advocating for affordable housing in rural areas in the Southeast United States. It was a busy week!
On our first day, we made introductions and discussed heirs’ property and land fractionation. Simply put, heirs’ property is sticky—so sticky that it is also called “tangled title.” A land’s official title remains in the name of the deceased ancestor. That family-owned land passes down to multiple descendants without a formal will, probate process, or clear deed. All heirs jointly own undivided interest in that entire property. With each new generation, the number of co-owners multiplies, to include long-lost cousins and great-great-great-great aunts.
If a long-lost cousin decides he wants to sell his portion of the land in opposition to the part of the family currently living on the land, the court could become involved and force a partition sale if the land cannot be divided. A partition sale is a court ordered auction of a jointly owned property where the cash profits are divided among the c0-owners. So, the family who was living on the land is now evicted because a long-lost cousin did not agree on the status of the land. Sure, they get some money from the sale, but what is money compared to an ancestral home? Georgia Heirs Property Law Center has even more information on the implications for heirs, including disqualification from loss mitigation programs when facing foreclosure.
The next day was also full of information, as we worked with the State Bar of Georgia’s Young Lawyers Division and discussed the protection of generational wealth, an introduction to estate planning, client interviewing skills, and trauma-informed and culturally sensitive practices for low income clients.
On Tuesday, we built the ramp! The CCLTRG maintains a list of people who reach out in need of aid. Sometimes, people need help removing a fallen tree from their land, or cutting their grass, or getting groceries. A disabled, low-income veteran contacted them because he could not walk down his steps and his old ramp deteriorated, so he was effectively confined to his home. We arrived early that day and got straight to work.
I always say that if someone is willing to teach, then I am willing to learn. I was excited that the men at CCLTRG were exceptional instructors! From a electric drills and drivers to table saws and hammers, I got my hands on everything. It was one of the most rewarding experiences because I could instantaneously see the rewards of my labor. Not only did I build a ramp, but I also got to see the veteran’s face as it was completed. I do not have those same immediate results working in the slower-moving legal field.
We finished the week with ACT, Equal Justice Works, and completing estate planning questionnaires with clients. At the end of our time, we were asked to create a written piece about our experience. I had been playing telephone tag with a client, so I decided to write the haiku at the top of this page. And we never got into contact with each other!