Without a will, heirs’ property attracts land-grabbing predators, but an ex-USDA worker is helping protect Black farms 

Beverly Burkett and the University of Arkansas at Pine Bluff Small Farm Program want to keep Black farms in the family.

Estate planning has long been challenging for African Americans. Estimates show that as many as how family-owned land passed down without a will is often held by descendants as “tenants in common.” 

“In these cases, each owner has an undivided interest in the land,” said Burkett. “Any owner or anyone that purchases a small interest in the land can file with the court to force other owners to sell. These ‘partition sales’ often occur against the wishes of other family members. The result is often a sale that does not meet fair market value and may result in the dispossession of family members from their inherited land.”

She shared how predatory developers often keep an eye out for this kind of property, then make an effort to buy part of the land — a move they then use to muscle other family members into selling. 

Burkett notes that Arkansas is one of 17 states that passed a Uniform Partition of Heirs’ Property Act, which protects vulnerable landowners by requiring an offer to buy the land extended to family members first. 

There is a process to reconstituting the land to stay in the family, including updating crucial documentation like deeds, purchase contracts and certifications by an heir. 

Burkett advises Arkansas farm families needing assistance to reach out to the USDA Farm Service Agency or the University of Arkansas at Pine Bluff Extension at (870) 575-7225. 

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