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  • Introduction
    Mitchell, Thomas W; Powers, Erica Levine

    The Urban lawyer, 01/2023, Letnik: 52, Številka: 3
    Journal Article

    In addition to these negative wealth impacts, families that have lost their heirs' property often have experienced a substantial decline in their quality of housing, a loss of a significant part of their family's heritage, and a deterioration of their physical and mental health, among other serious economic and noneconomic negative impacts. Chapters 4 and 5 highlight the role of grassroots organizations in recognizing the need for this reform, and in participating in important ways in the drafting of the UPHPA as well as in efforts to enact it into law in a number of states. Because the UPHPA will be considered in several more states over the course of the next few years, these lessons and experiences are extremely useful for those working for enactment. STRUCTURING FAMILY REAL PROPERTY OWNERSHIP IN MORE RATIONAL AND SUSTAINABLE WAYS The rules that govern heirs' property ownership-rules more generally known as the tenancy-in-common default rules-make this form of common real property ownership a form that sophisticated real estate, estate planning, and business lawyers strongly dissuade their clients from having. Families with sufficient resources often hire attorneys to help them structure the ownership of their family's real estate holdings in ways that ensure its stability over time and that allocate the rights and responsibilities various people have in connection with the properties-including, for example, how property taxes are to be paid-in a sensible and rational way.