Breaking the Cycle: Why Estate Planning is a Revolutionary Act

By Amber C. Saunders, Esq.
The Atlanta Voice
https://theatlantavoice.com/

In 2024, Atlanta News First documented the story of Evans Lee Jr. and his family. Evans Lee Jr. owned a home in Lithonia for about two decades. When Evans Lee Jr. passed away without a will, the family, specifically his nephew Trayon Brown, faced significant challenges that eventually caused the family to lose everything. 

A man named Randy falsely claimed to be Evans Lee Jr.’s son and filed probate paperwork before the real family could do so. By the time a judge ruled in favor of Trayon and his family, proving Randy was not the heir, it was too late: the DeKalb County home was foreclosed and auctioned off. Now, most of the family’s belongings and sentimental items are gone, including Evans Lee Jr.’s ashes. The family was unable to clean out the home or retrieve anything. 

This is an extreme example of what can happen without planning. While there may not be a thief like Randy attempting to take your family’s home, stories of property loss are far too prevalent in the Black community. The reasons are numerous. One reason appears too often. 

Studies reveal that 70% of Black Americans lack an estate plan, compared to 56% of white Americans. The outcome? Generations of hard-earned assets are lost, not because we don’t care, but because we don’t plan. 

We are making money individually, but is our family keeping it? Generational wealth, by definition, means the type of wealth that passes down to one or more family members when you die. How can you create generational wealth without estate planning? 

Estate planning is one of the most powerful and overlooked tools for doing just that. Until we change our mindset about legacy, we will continue to lose the wealth we fought to build. 

Why Do So Many Black Families Avoid Estate Planning? 

In my experience as an estate planning attorney, I’ve found that the hesitation isn’t just about procrastination—it’s deeply rooted in historical, cultural, and psychological barriers. 

1. Mistrust of the Legal System 

Our community has faced systemic discrimination in financial and legal institutions for generations. From redlining to predatory lending practices, there is a well-earned skepticism about engaging with the legal system in any way. This skepticism can lead to feelings of helplessness and apathy. The widespread mistrust of lawyers and the court system and the belief that these players will not act in their best interests can lead them to avoid estate planning altogether. Why do anything to protect what you have if you believe that, eventually, it will be taken away from your family anyway? 

2. “I Don’t Have Enough to Protect” Mindset 

Most people believe that estate planning is only for the 1%. In reality, it is more important for the rest of us! You need a plan if you own a home, have savings, or run a business. Even a modest estate can be dissolved without a plan by probate fees, creditors, and unnecessary taxes. It comes down to worthiness and comparison. The belief that the “little” that you have isn’t worth protecting because it is not as large as your neighbor’s. Why doesn’t what you’ve worked hard to purchase, save, and create matter enough to you to protect it for your family? No matter how small it starts, it has to start somewhere. Wealth grows when it is created, protected, and passed down intentionally. 

3. Superstition 

In many black households, talking about death is taboo. Let’s be honest. Black people don’t even use the word “death.” People are “going up yonder,” they’ve “transitioned,” they’re “on the other side,” gone “to be with the Lord,” they’ve passed away and more. I’ve had adult children come into my office asking for ways to talk to their parents about planning because many of our elders simply refuse to discuss it at all. It’s like we believe that if we say the word, we will speak our death into being. Estate planning can feel like inviting misfortune, so it’s often avoided. But ignoring the inevitable doesn’t delay it—it only creates confusion and conflict when the time comes.

4. Lack of Awareness and Accessibility 

Estate planning isn’t often discussed in schools, churches, or even among families. Many people simply don’t know where to start or assume it’s too expensive. The research online can be confusing or misleading. Without widespread education and access to resources, many Black families remain unprotected. 

Calculating the Cost 

When we fail to plan, we leave our families vulnerable. The consequences of not having an estate plan include: 

● Loss of Generational Wealth: Without a plan, assets are often lost due to probate costs, family disputes, and predatory investors who take advantage of grieving families. 

● Family Disputes and Property Loss: Without a will or trust, disagreements can turn into costly legal battles that tear families apart. 

● Collapse of Black-Owned Businesses: Many Black entrepreneurs lack succession plans, meaning businesses often die with their founders instead of continuing to build wealth for future generations. A succession plan isn’t just about death, it’s also about life. 

What happens if you want to retire? Most entrepreneurs have their net worth tied up in the business. If you haven’t talked to a financial advisor about how much money you need to maintain your lifestyle in retirement, you can’t work backwards to determine how much you actually need to extract from your business 

A new report calculates that median wealth in black households will fall to $0 by 2053 if trends continue. ZERO. Wealth transfer isn’t just about money—it’s about stability. It’s about keeping the family home in the family. It’s about making sure that the “little” that we have, stays in the family. It’s about ensuring children inherit something more than debt. 

Shifting the Culture: A Community Call to Action 

Estate planning isn’t just about preparing for death—it’s about securing life for those who come after us. It’s a revolutionary act that ensures our wealth, businesses, and legacies endure. Let me explain why. 

● Memento Mori! Contemplating death creates a new, distinct appreciation for life and how you live it now. 

● Encourages clarity and conversation. There is nothing like an understanding and an understanding can only come from conversations. Make your wishes known to your family. If you don’t, there will be plenty of misunderstandings when you are gone. 

● This gives you an opportunity to rewrite the future. You might not be able to predict or control the future, but you certainly have no say so if you don’t plan for it. 

It starts with you. Here’s how we can change the narrative: 

1. Normalize Conversations About Wealth & Legacy 

Families need to have open discussions about estate planning. Churches, community leaders, and media outlets must help remove the stigma around these conversations. 

2. Make Estate Planning More Accessible 

Legal professionals, financial advisors, and community organizations must offer affordable, culturally competent estate planning, financial, and educational services. The more people understand the process, the more they will take action. 

3. Leverage the Power of Trusts & Asset Protection 

Trusts aren’t just for the rich. They help families avoid probate, protect assets from creditors, and ensure wealth is distributed according to the owner’s wishes. Business owners should also establish succession plans to keep enterprises thriving. 

4. Take the First Step—Today 

The most important thing anyone can do is take action now. Creating a will, setting up a trust, or even having a simple estate planning consultation can be the difference between generational wealth and generational loss. 

The Legacy We Deserve 

For far too long, the black community has been in survival mode. But survival isn’t enough—we deserve stability, growth, and a lasting legacy. Estate planning is one of the most powerful tools we have to build the future our ancestors dreamed of. It’s our responsibility to go forward instead of backward. 

It’s time to stop thinking of estate planning as something we’ll get to “one day” and start seeing it as a necessity today. Let’s break the cycle. It’s on US to create a legacy that lasts.