Inheriting inequality: Wealth, race, and the laws of succession
Loading...
Authors
Strand, Palma J.
Issue Date
2010
Type
Journal Article
Journal Article
Journal Article
Language
Keywords
Alternative Title
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.
Description
Citation
Palma Joy Strand, Inheriting Inequality: Wealth, Race, and the Laws of Succession, 89 Or. L. Rev. 453 (2010).
Publisher
License
Journal
Volume
Issue
PubMed ID
DOI
ISSN
0196-2043
0196-2043
0196-2043