Insights from Giving Docs on the Future of Accessible Estate Planning
Estate planning can feel like something that’s reserved for the wealthy or the elderly (or both). In reality, a simple will is one of the most important tools almost everyone should have – no matter their age, income, or family size.
It’s not just about money. It’s about clarity, inclusion, and protecting the people you care about.
At Giving Docs, we believe everyone deserves access to estate planning tools that are clear, secure, and empowering. Through partnerships with nonprofit organizations, Giving Docs provides supporters, donors, and volunteers with digital estate planning resources that help them make a plan for the future while supporting causes they care about.
As Giving Docs President and Co-Founder Brantley Boyett shared during his remarks at the Urban Institute’s event “Preserving Housing Wealth for Vulnerable Owners through Technology and Estate Planning,” the barriers to estate planning often begin with perception rather than cost.
“Seventy percent of U.S. adults still don’t have any type of estate plan,” Brantley noted. “That means most Americans are operating unbanked in regard to the largest financial transaction of their life.”
A will isn’t just a legal form – it’s peace of mind. And for many families, it’s the difference between keeping a home and losing the generational wealth that their ancestors built from the ground up.
Why a Simple Will Matters
A simple will is the foundation of any estate plan. Without one, the state determines who receives your assets under statutorily-defined intestacy laws, which may result in an outcome that doesn’t align with your wishes.
A will ensures that:
- Your property goes where you want it to go.
- Guardianship for minor children is clearly stated.
- Loved ones avoid unnecessary conflict, delay, and expense in probate court.
The key word is simple. Many people delay writing a will because they imagine it’s complex, intimidating, or only for the wealthy.
Inclusion and the Will Process
Historically, estate planning has excluded marginalized communities either through lack of access, affordability, or mistrust of legal systems. Everyone deserves the dignity of deciding what happens to their belongings, their home, and their legacy. One way to help bridge that gap is by making will-writing more approachable: digitally, in plain language, and at little to no cost.
In rural areas, where filing systems aren’t digitized, even recording a deed can require long drives or mailing physical documents. Without guidance, many heirs never complete the process, leaving ownership uncertain for generations.
At the Urban Institute event, panelists underscored that many families don’t know where to begin. As Adam Frank of J.P. Morgan explained, people often hear the term estate planning and think, “I don’t have an estate.” But what they really have – a home, a modest savings account, or even cherished belongings – is an estate.
When Trusts Are Needed
For many families, a simple will is enough. But in some cases, a trust adds protection, privacy, and flexibility – especially when:
- A family wants to avoid probate.
- Assets involve special circumstances (e.g., caring for a child with disabilities).
- There’s significant property or wealth that requires ongoing management.
As attorney Mavis Gragg shared during the Urban Institute event, “You don’t have to be rich to need a trust-centered plan.” A trust can ensure that inherited property remains in the family and prevent property disputes by making sure the division of property is aligned with the decedent’s intent.
Heirs’ Property and Tangled Titles: The Hidden Threat to Generational Wealth
In many communities – particularly in the South – families inherit land without a will. The property becomes heirs’ property, jointly owned by multiple descendants. Without clear legal title, families face “tangled titles,” which can block them from making repairs, qualifying for disaster relief, or even keeping the property if one heir decides to sell.
As Brantley and other panelists discussed, tangled titles are one of the most preventable causes of lost generational wealth – especially in Black, Indigenous, and rural communities. When property passes without a will, ownership becomes legally unclear, and even small disputes can lead to families losing homes that have been in their names for generations.
Brantley emphasized that a simple, legally executed will is the most effective tool to stop this cycle before it starts. Clear documentation doesn’t just prevent heirs’ property disputes – it can actually foster a sense of trust in the legal system, helping families preserve both their homes and their legacy. In other words, a will ensures that the property transfer process is guided by the owner’s intent, rather than left to state laws or chance, making it possible to keep generational wealth intact and within the family.
Technology and the Future of Estate Planning
Technology can’t solve every legal barrier because (as Brantley reminded the audience at the Urban Institute), “there’s no tech fix for probate,” but it can dramatically expand access. He described how online platforms and digital tools have helped people who might otherwise avoid legal systems create valid, secure wills. During the discussion, Boyett reflected on how attitudes toward online estate planning shifted during the pandemic, when more people recognized that digital tools could make a long-overdue process easier and more approachable.
And while technology can simplify the process, the heart of estate planning is still human. A will reflects care – an individual’s intention to protect loved ones, honor commitments, and ensure stability long after they’re gone. Digital tools simply make that process more approachable, especially for those who might never have engaged an attorney or thought of themselves as having an “estate” to protect.
How a Will Untangles the Future
A simple will can prevent heirs’ property disputes before they start. By clearly naming who inherits what, individuals can:
- Protect their home and land from being divided against their wishes.
- Ensure heirs can obtain clear title, avoiding years of legal limbo.
- Keep generational wealth intact rather than fractured.
Estate planning isn’t just about dividing assets. It’s about keeping families whole, protecting community stability, and ensuring that wealth passes forward as intended. As Boyett noted during the discussion, people are far more likely to take action when estate planning feels approachable and empowering, not intimidating or tied to wealth.
Closing Thought
Everyone deserves peace of mind about their family and their property. Whether through a simple will or a trust, every person deserves tools that make estate planning straightforward and empowering. Without a plan in place, families are left vulnerable to tangled titles, disputes, and loss. Estate planning is not about how much you have – it’s about ensuring what you do have is preserved and passed on with dignity.
At Giving Docs, we partner with nonprofits to make that possible-helping their supporters protect their loved ones, express their values, and leave a lasting legacy.
If your organization wants to empower supporters with free access to Giving Docs’ secure estate planning platform, contact us to schedule a demo.
