Protecting the family home requires more than a promise.

By Jehan Crump-Gibson, Esq. “Grandma always said we would get the house.” I hear some version of that from families all the time after a loved one passes away. They say it with certainty.

But often, that promise is never reflected in the legal documents needed to make it happen. A promise made around the kitchen table does not transfer ownership of a home. When a homeowner dies without valid legal documents explaining what should happen to the property, state law decides who inherits.

In larger families especially, several relatives may end up inheriting shares of the same house. That shared ownership can make it difficult to sell, refinance, or pay for major repairs. A family’s most valuable asset can quickly become its most disputed one.

National Estate Planning Awareness Week, observed this year from Oct. 19 to 25, is a good reminder to turn that promise into a plan. The Paperwork Gap Homeownership remains one of the most important ways Black families build wealth, and Census Bureau data shows that about 44% of Black households owned their homes at the end of 2025.

But far fewer have planned for what happens to those homes next. In Caring.com’s 2025 Wills Survey, only 16% of Black respondents said they had a will, down from 19.4% the year before, and 62% said they had no estate planning documents at all. When a homeowner dies without valid estate planning documents or another legally effective way to transfer the home, multiple relatives may inherit pieces of the property.

This often leads to what is known as “heirs’ property,” where ownership interests may remain undocumented or become increasingly difficult to trace over time. The U.S. Department of Agriculture has described heirs’ property as the leading cause of Black involuntary land loss.

And the issue is not limited to rural areas. 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 even that figure is considered conservative. Heirs’ property can place families at risk.

When ownership is unclear or not properly documented, families may run into barriers when trying to borrow against the home or qualify for home repair assistance, disaster relief, or property tax payment plans. And when relatives share ownership, one owner may be able to sell their share to someone outside the family. That new co-owner may then ask a court to force a sale of the entire property, depending on state law and any protections available to the other owners.

Know Where the Paper Lives Protecting the family home begins with a plan. But where should you start? Begin 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 everything works together to reflect your wishes. Be sure to address any ownership problems during that process, because you cannot transfer property you do not own or have the 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 going through probate, ask what options your state law allows and what steps are needed to put them in place. For example, simply creating a trust may not be enough unless the home is properly titled in the trust’s name or otherwise arranged to pass into it legally. Be sure to tell at least one trusted person where these documents are kept.

A plan that no one can find helps no one. Who Will Handle Things When You’re Gone? Do not leave your family guessing about who should manage the home after your death.

I often hear relatives say they should be in charge because they are the oldest child, have paid the property taxes, or live in the house. None of those facts give anyone legal authority to manage or sell the property. Your estate planning documents should clearly identify who will be responsible for carrying out your wishes after you are gone.

How you plan for the home will depend on state law, your goals, and your family’s situation. 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 that names who will receive the home. Each tool serves a different purpose, and estate planning is not one-size-fits-all.

A qualified estate planning attorney can help you choose the right approach, determine 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 is often starting the conversation. Parents may worry about seeming to favor one child over another, while children may hesitate to ask about inheritance because they fear looking eager for what comes next.

Too often, no one says anything until a funeral forces the issue. Make these decisions while you still have the chance to think through your wishes and put them into legally effective documents. Do you want someone to have the option to stay in the home?

Should the home 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 consider 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 reflects your wishes. A legally sound estate plan helps make them real.

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.