118 HR 8127 IH: Heirs Estate Inheritance Resolution and Succession Act of 2024
U.S. House of Representatives
2024-04-23
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I
118th CONGRESS
2d Session
H. R. 8127
IN THE HOUSE OF REPRESENTATIVES
April 23, 2024
Ms. Williams of Georgia (for herself, Mrs. Fletcher, Mr. Cleaver, and Mr. Donalds) introduced the following bill; which was referred to the Committee on Financial Services
A BILL
To establish a grant program for States that adopt the Uniform Partition of Heirs Property Act, and for other purposes.
1.

Short title
This Act may be cited as the “Heirs Estate Inheritance Resolution and Succession Act of 2024” or the “HEIRS Act of 2024”.
2.

Grants for eligible entities that adopt the Uniform Partition of Heirs Property Act
(a)

In general
The Secretary of Housing and Urban Development shall, not later than 1 year after the date of the enactment of this section, establish a grant program that provides amounts to eligible entities that—
(1)
before the date of the enactment of this section, had enacted or adopted the Uniform Partition of Heirs Property Act as approved and recommended for enactment in all the States by the National Conference of Commissioners on Uniform State Laws in 2010 or a similar law that the Secretary determines is a substantial equivalent; and
(2)
on or after the date of the enactment of this section, enact or adopt the Uniform Partition of Heirs Property Act as approved and recommended for enactment in all the States by the National Conference of Commissioners on Uniform State Laws in 2010 or a similar law that the Secretary determines is a substantial equivalent.
(b)

Use of amounts
(1)

In general
Each eligible entity that receives amounts under this section shall use such amounts to assist residents of such eligible entity with bona fide expenses relating to establishing and documenting property ownership rights or settling a decedent’s estate, including fees and costs related to obtaining title reports and title abstracts, copies of public records, land surveys, estate planning, heirs search or tracing services, recording and filing fees, notary fees, and legal fees and expenses.
(2)

Layering of assistance
An eligible entity that receives amounts under this section may use such amounts to assist residents of such State who are receiving assistance from other sources, including Federal, State, local, private, public, and nonprofit sources.
(c)

Regulations and criteria for selection
The Secretary shall, not later than 1 year after the date of the enactment of this section, issue a rule to carry out this section, that includes criteria for the selection of recipients.
(d)

Authorization of appropriations
(1)

In general
There are authorized to be appropriated to the Secretary of Housing and Urban Development $30,000,000 each of year fiscal years 2025 through 2035 to carry out this section.
(2)

Availability
Any amounts appropriated under this subsection shall remain available until expended.
(e)

Definitions
In this section:
(1)

Secretary
The term Secretary means the Secretary of Housing and Urban Development.
(2)

Eligible entity
The term eligible entity means a “State” and a “unit of general local government” as such terms are defined in section 102 of title 1 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302) a territory, or a Tribal government.
3.

Grants to provide assistance relating to heirs’ property resolution
(a)

In general
The Secretary of Housing and Urban Development shall carry out a program under this section to provide grants each year to eligible entities to use to provide housing counseling, legal assistance, and financial assistance related to title clearing and home retention efforts for owners of heirs’ property.
(b)

Awards
The Secretary shall consider the following when awarding grants under this section:
(1)
Whether the eligible entity has a proven track record of—
(A)
providing assistance to homeowners;
(B)
targeting services to minority and low- and moderate-income persons; and
(C)
providing services in neighborhoods that have a high concentrations of minority persons or low- and moderate-income persons.
(2)
Whether the eligible entity has planned or existing partnerships with other eligible entities.
(3)
Whether the eligible entity is located in an area with a high number of owners of heirs’ property, as determined by the Secretary.
(c)

Authorization of appropriations
There is authorized to be appropriated to the Secretary, for grants under this section, $10,000,000 in each of fiscal years 2025 through 2029.
(d)

Definitions
For purposes of this section, the following definitions shall apply:
(1)

Eligible entity
The term eligible entity means—
(A)
a HUD approved housing counseling agency;
(B)
a legal services clinics operated by an institute of higher education; or
(C)
a qualifiying nonprofit.
(2)

Heirs’ property
The term heirs’ property means residential property for which title passed by operation of law through intestacy and is held by two or more heirs as tenants in common.
(3)

Hud approved housing counseling agency
The term HUD approved housing counseling agency means a housing counseling agency found eligible to receive assistance by the Department of Housing and Urban Development under section 106(a)(2) of the Housing and Urban Development Act of 1968.
(4)

Low- and moderate-income persons
(A)

In general
The term low- and moderate-income persons means a person whose household income does not exceed 120 percent of the median income for the area, as determined by the Secretary, within which—
(i)
the heirs’ property which respect to which the homeowner is seeking assistance is located; or
(ii)
the place of residence of the homeowner is located.
(B)

Exception
If the area described in subparagraph (A) is a high-cost area, as determined by the Secretary, the term low- and moderate-income persons means a homeowner whose household income does not exceed 140 percent of the median income for the area.
(5)

Qualifying nonprofit
The term qualifying nonprofit means a nonprofit, mission-driven entity that, as determined by the Secretary—
(A)
has a track record of providing assistance to homeowners;
(B)
targets services to minority and low- and moderate-income persons; or
(C)
provides services in neighborhoods that have high concentrations of minority persons and low- and moderate-income persons.
(6)

Secretary
The term Secretary means the Secretary of Housing and Urban Development.
4.

Heirs’ property housing counseling
Section 106(g) of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x(g)) is amended by adding at the end the following new paragraph:
“(6)

Counseling with respect to heirs’ property
(A)

In general
Any nonprofit organization that receives amounts under this section shall, when providing homeownership counseling services to consumers—
(i)
explain to such consumer what heirs’ property is, the risks associated with heirs’ property, and how to avoid heirs’ property issues; and
(ii)
inform consumers of all available estate planning and title clearing options, assistance, and services, including those offered under sections 2 and 3 of the Heirs Estate Inheritance Resolution and Succession Act of 2024.
(B)

Referral
The Secretary shall ensure that each nonprofit organization that receives amounts under this section knows how to refer consumers, where appropriate, to mission-driven nonprofit organizations and legal services clinics operated by institutes of higher education that are capable of assisting a consumer to clear title and with general estate planning.
(C)

Heirs’ property
The term heirs’ property means residential property for which title passed by operation of law through intestacy and is held by two or more heirs as tenants in common.”.