In many Black families, conversations about death are often avoided, shaped by superstition, faith and mistrust of legal systems that have historically failed to protect Black lives and property.
But attorneys and advocates say that silence carries consequences: lost homes, fractured families and 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 is not having a plan at all. The second is believing estate planning is only for the wealthy.
Estate planning, experts say, remains an overlooked tool for families seeking to protect their wishes and assets. Through wills or revocable living trusts, families can reduce legal uncertainty and help preserve generational wealth.
“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 access your bank account. Everyone over the age of 18 should have a last will and testament.”
Homes at risk
Homeownership — a key path to wealth-building — is especially vulnerable. When a homeowner dies without a will, property can become heirs’ property, often triggering probate, a costly and time-consuming legal process.
Probate expenses can range from 3% to 10% of an estate’s value. When a home cannot be divided, heirs may 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.
These gaps compound a racial wealth divide shaped by redlining, discriminatory lending and inequitable tax systems. Today, the typical Black family holds about 15% of the wealth of the typical white family.
The roots of this disparity 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 linked to the absence of wills, deeds and clear titles.
Breaking the silence
Cultural beliefs also shape reluctance to discuss estate planning. 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 one of the most painful moments of their lives.”
Sellers points to her own experience. 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.”
Planning beyond property
Estate planning is also increasingly important as Black entrepreneurship grows. Without a plan, business assets and partnerships can be thrown into uncertainty when an owner dies.
“Vehicles, family keepsakes and other items should be willed,” said Rasheda Williams, whose family members died without wills. The probate process after her grandmother’s death took seven months and cost $700.
Experts warn that dying without a will can create unintended outcomes, particularly for families that do not fit traditional structures.
A will, advocates say, helps ensure assets are distributed according to personal wishes rather than state law.
Access and affordability
Cost remains a barrier. Attorney fees often range from $500 to $1,500 for a basic will. Black attorneys make up about 5% of lawyers in the U.S., contributing to hesitation among some families.
Organizations such as FreeWill offer free online tools that allow users to create or update a will in minutes, along with documents like financial powers of attorney and advance health care directives.
Advocates say the goal extends beyond protecting money.
“Estate planning is stewardship,” Sellers said. “It’s about making sure your family is protected and the things you worked for don’t disappear.”
As families continue to navigate the aftershocks of historical inequities, experts say breaking the silence around wills may be one of the most practical steps toward preserving homes, assets and legacy.
This article originally appeared here.