Inheriting Inequality: Wealth, Race, and the Laws of Succession

52 Pages Posted: 6 Dec 2010 Last revised: 16 Jan 2011

Palma Joy Strand

Creighton University Graduate School, Department of Interdisciplinary Studies

Date Written: August 24, 2010

Abstract

The article begins by documenting deep inequality in the form of Black-White wealth disparities: While the overall wealth distribution in the United States is highly unequal from both historical and international perspectives, racial wealth disparities are particularly acute, with median Black net worth approximately a tenth of median White net worth (as compared to median Black income that is approximately two-thirds of median White income). Next, the article ties the perpetuation of this inequality to current inheritance law. It then confronts this inequality as a civil rights issue in terms of its social effects, its historical causes, and legal avenues for attacking it. Finally, the article proposes two changes in our laws of succession to address this contemporary manifestation of White advantage and Black disadvantage. First, the article explains how civil rights considerations support existing proposals that inheritances be taxed as windfall income to those who receive them (as are lottery winnings currently). Second, the article identifies a need for revising intestacy law to provide heirs with clear title to assets, especially homes belonging to families of modest wealth whose wealth is primarily the value of those homes.

Suggested Citation

Strand, Palma Joy, Inheriting Inequality: Wealth, Race, and the Laws of Succession (August 24, 2010). Oregon Law Review, Vol. 89, p. 453, 2010. Available at SSRN: https://ssrn.com/abstract=1664564

Palma Joy Strand (Contact Author)

Creighton University Graduate School, Department of Interdisciplinary Studies ( email )

2500 California Plaza
Omaha, NE 68178
United States

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