PALM BEACH COUNTY, Fla. — It's a conversation many families avoid because it's uncomfortable, but legal experts say putting off estate planning could leave loved ones facing expensive legal challenges and even put generations of family property at risk.
WATCH BELOW: 'They can't sell it. They can't leverage the equity in it,' Tequisha Myles tells WPTV's Vannia Joseph
The Legal Aid Society of Palm Beach County is encouraging homeowners to take advantage of a free estate planning and probate assistance program designed to help families protect one of their biggest investments — their home.
According to Tequisha Myles with the Legal Aid Society, many families continue paying the mortgage, property taxes and maintaining a home after a loved one dies, but never complete the legal process to transfer ownership.
"When a homeowner dies without a will, or probate is never completed, the property remains legally in the name of the deceased," Myles said. "People are caring for the property, they're paying the mortgage, they're maybe keeping up with the taxes, but they don't have the title in their name. They can't sell it. They can't leverage the equity in it."
Without clear ownership, families can face significant financial consequences. Myles said homeowners may not be able to access the equity in the home during emergencies or qualify for disaster assistance after a hurricane.
"FEMA is not going to do payouts to people that don't have clear title to the property," she said. "You may have been keeping it in the family, but now to really keep it for generational wealth, you've got to actually put it in your name."
The Legal Aid Society said its Heirs' Property Project helps eligible Palm Beach County homeowners resolve tangled property titles and complete estate planning documents at no cost.
The program, funded through a $1 million grant from the Federal Home Loan Bank of Atlanta and Palm Beach County, includes:
- A Last Will and Testament
- Power of Attorney
- Designation of Health Care Surrogate
- Living Will
- Lady Bird Deed
- Probate and heirs' property assistance, when needed
Myles said those services typically cost between $3,000 and $5,000 through a private attorney.
"We do the drafting, you come in for a signing, it takes an hour and you have peace of mind," Myles said. "It's just a matter of planning, and I think planning helps you prepare for whatever happens."
Unlike many legal assistance programs, eligibility is not based on income. Applicants must own a home in Palm Beach County and meet the program requirements.
Legal Aid estimates it can still help approximately 150 more families, but applications should be submitted by Sept. 1 so attorneys have enough time to complete the work before grant funding expires at the end of September.
Homeowners interested in applying or learning more about the Heirs' Property Project can visit REP_CARD_VANNIA-JOSEPH_LAKE-WORTH-BEACH-and-BOYNTON-BEACH_FS.jpg
