Heirs’ property is a legally tangled and highly unstable form of property ownership that can occur in the absence of necessary planning prior to a relative’s passing. It remains one of the most significant yet under-addressed barriers to housing stability, wealth preservation, and equitable access to public and private resources in the US.
The Initiative on Land, Housing & Property Rights (the Initiative) has been addressing the issue of heirs’ property since its founding at Boston College Law School in 2022 by Thomas W. Mitchell, the Robert S. Drinan, SJ, Endowed Chair at BC Law. Mitchell is a leading expert on property issues facing disadvantaged families and communities and principal drafter of a widely adopted uniform real property act named the Uniform Partition of Heirs Property Act.
The Initiative’s latest outcome is a comprehensive report titled “Bridging Inheritance and Access: Toward Equitable Financing, Program, and Policy Solutions for Heirs’ Property Owners.” The report presents a nationwide overview of financing mechanisms, legal services, and policy interventions designed to help heirs’ property owners obtain clear title or access the benefits of property ownership despite unresolved title issues. It was co-authored by Mitchell and Jill Apter, who joined the Initiative in 2025 as a policy associate after graduating from Michigan State University College of Law.
“Bridging Inheritance and Access” shares current federal, state, local, nonprofit, academic, and private-sector initiatives and highlights promising developments. Among its key findings is the increased activity around addressing heirs’ property issues by various stakeholders, as well as highlighting the important gaps that still require attention. The report concludes with recommendations for strengthening coordination, expanding investment, and building more comprehensive systems of support for heirs’ property owners nationwide.
The report has been sent to individuals impacted by heirs’ property; local, state, federal policymakers; legal professionals working in the field; non-profit organizations; legal clinics; and philanthropic partners. It is intended for states, counties, and localities seeking to adopt similar programs; nonprofits or funding entities that desire to develop programs such as those described in the scan or to partner with organizations clearing title; advocates and practitioners; and those seeking to understand the federal government’s involvement.
“Heirs’ property challenges cannot be addressed through legal reform alone,” Apter says in framing the report’s contribution to the issue. “This report highlights the importance of pairing legal solutions with practical financing mechanisms, technical assistance, stakeholder education, and coordinated policy efforts that enable families to resolve title issues, retain generational land, and fully realize the benefits of property ownership. I hope it serves as a useful resource for practitioners, policymakers, researchers, and advocates working to strengthen those pathways.”
The Initiative also researches topics related to affordable and fair housing, land loss prevention among disadvantaged communities, environmental justice, and intergenerational asset building. Its work examines inequalities rooted in laws, policies, and practices that influence many property matters, including ownership and rental housing, land use, property taxation, and more. It also looks at systemic barriers to wealth creation and preservation, as well as the challenges disadvantaged communities face in maintaining their heritage, history, and culture.