2023 brought an expansion of the firm’s pro bono partnerships with law schools. Through these partnerships, Lowenstein helps prepare the next generation of lawyers to apply their skills to expand access to justice for historically underserved groups.
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In fall 2023, the firm’s Private Client Services practice launched Howard University School of Law’s new Estate Planning and Heirs’ Property Clinic. Students enrolled in the clinic draft wills, transfer-on- death land deeds, financial and health care powers of appointment, and other estate planning documents for lowincome clients; conduct research and community outreach to understand and ameliorate the racial gap in estate planning; work on title clearance and other heirs’ property matters; and prepare position statements and formulate strategies to promote legal rights associated with heirs’ property laws recently adopted in the District of Columbia, Maryland, and Virginia.
The clinic’s focus on heirs’ property issues is unique among U.S. law schools. Heirs’ property refers to property informally passed down to a group of descendants after a landowner dies without a will. This unstable form of land ownership by multiple owners over more than one generation leads to many problems, including unknown owners, decreased property value, and the risk of forced sale of the property for a depressed price by a single heir, regardless of the desires of other heirs. Heirs’ property disproportionately impacts Black property owners. The U.S Department of Agriculture estimates that heirs’ property has directly resulted in the loss of 4.7– 16 million acres of land formerly owned by African Americans over the past hundred years. The clinic seeks to help redress this problem.
The clinic also addresses racial disparities in estate planning. Research has shown that African Americans are roughly twice as likely not to have a will as non- Latino white Americans. As a result, Black families are less likely to benefit from inheritances and gifts, which perpetuates the racial wealth gap. The clinic responds to this problem by expanding estate planning services to communities of color and other underserved communities in the D.C. area.
These clinics help build wealth in under-resourced communities by ensuring that low-income inventors own the rights to their intellectual property.