Economics

Perils of Probate

Published

10 years ago

March 21, 2016

In the early 1900s in the Bay Area, African-American lawyers were unwelcome and faced hostile opposition in the legal community.

It was not until 1943 that the American Bar Association allowed Black Attorneys into their organization, and although local bar associations admitted Blacks, their practice was restricted.

In 1955, the first African-American Bar Association, the Charles Houston Law Club, was formed in the Bay Area by 32 African American lawyers. Many went on to become judges, ambassadors, mayors, county supervisors and successful businessmen.

One of those founders was attorney Hiawatha T. Roberts, an advocate and champion of civil rights causes during the 62 years of his career.

Known for his “solo guerrilla lawyering” tactics, Roberts, guided by G.B. Gipson, of the East Bay Democratic Club and Assemblyman Byron Rumford, fought for the integration of the drug store at 13th and Broadway in Oakland that for years had refused service to Blacks.

Roberts served as general counsel for the United Auto Worker (UAW), obtaining integrated housing for minorities near the Ford plant in Milpitas.

He integrated the realtor organization so that Blacks could become members, assisting Ray Collins’ appointment as president to the Alameda County Board. To assure a fair price for homes, Roberts represented Russell City African American’s facing annexation to the City of Hayward, who previously were offered pennies on the dollar in order to use the property to build houses for white folks.

In 1958, Roberts turned from criminal to civil court practice. From 1956 to the present, he has practiced probate law where he discovered discriminatory practices and a “white male only” policy that has denied him fees of approximately $1 million.

Racial discrimination against him began in 2008 while representing Milburn Fort, who died with a $200,000 Deed of Trust on his condo on Lake Merritt.

Upon Fort’s death, the $200,000 dollar lien was on the property, with no written document it secured. This made transfer of the property or the closing of the estate impossible.

It took 17 years of litigation to find the secret judgment regarding the note on the property.

Judge Marshall Whitley, an African-American seated in Probate court, encouraged Roberts to proceed to litigate the matter to conclusion although the estate had run out of money.

Roberts invested $65,000 of his personal money and incurred fees exceeding $235,000. On the eve of closing the estate, Judge Whitley removed Fort’s son as executor, denying the son access to the property even though his nephew had offered $400,000.

The judge appointed attorney Dwayne Leonard as special administrator, who sold the property for $300,000. He then paid off liens and inferior claims to creditors with the exception of Roberts, who he allowed $11,000 on his claim of over $300,000, a priority claim by law.

“When Black lawyers in Alameda County are representing clients, the judge inevitably appoints a court representative for the estate,” said Roberts.

“ There is a 25 court appointed attorney (on a) list – all white males – and those white administrators often make no effort to represent the desires of family members desiring to keep their property.

“They request exorbitant fees while cutting Black attorney fees 40 percent to 50 percent, which only covers overhead. The end result is a denial of profit.

“I’ve made no money, and this has happened to me at least six times, rendering me insolvent. This is a gross violation of the judge’s discretion to the point that it is illegal.

“At age 89, I am now insolvent, leaving my wife and I to live solely on social security at $2,600 a month, while the court has denied me close to a million dollars in fees over the past 10 years.

“I have sought an audience with probate judges for years regarding this racial injustice to no avail.”

Oakland Post

Posts by Oakland Post

Activism

Oakland Post: Week of March 18 – 24, 2026

The printed Weekly Edition of the Oakland Post: Week of March 18 – 24, 2026

Published

2 weeks ago

March 22, 2026

Oakland Post

To enlarge your view of this issue, use the slider, magnifying glass icon or full page icon in the lower right corner of the browser window.

Oakland Post

Posts by Oakland Post

Activism

Oakland Post: Week of March 11 -17, 2026

The printed Weekly Edition of the Oakland Post: Week of March 11 – 17, 2026

Published

3 weeks ago

March 17, 2026

Oakland Post

To enlarge your view of this issue, use the slider, magnifying glass icon or full page icon in the lower right corner of the browser window.

Oakland Post

Posts by Oakland Post

Advice

Women & Wealth: Tips for Navigating Your Lifelong Financial Journey

Published

3 weeks ago

March 15, 2026

Oakland Post

Sponsored by J.P. Morgan Wealth Management

We are in the midst of a seismic shift in wealth. This phenomenon, often referred to as the “Great Wealth Transfer,” describes the unprecedented movement of assets from the Baby Boomer generation to their heirs – an estimated $105 trillion by 2048. And women are poised to inherit most of this.

J.P. Morgan Wealth Management’s 2025 Investor Study found that women are not only set to receive significant wealth – they’re actively working to build it on their own. Ninety-three percent of women surveyed who are expecting an inheritance aren’t relying on it to reach their goals.

Here are a few tips for women to consider in their wealth-building journey:

Create a financial roadmap

A detailed, well thought out plan is important. J.P. Morgan’s study found that 90% of those surveyed with a plan feel confident about reaching their financial goals, compared to 49% without one.

Your plan should reflect your unique goals, priorities and circumstances. Consider your investment horizon and risk tolerance, and remember to revisit your plan regularly as life evolves.

Are you saving up for goals like buying a house, sending your kids off to college or retiring early? Where do you want to be in the next five, ten or twenty years? Everyone’s financial situation is unique, so it’s important to think about these questions and build a plan that is unique to your life.

Women tend to live longer than men on average. Many take career breaks or care for family members, which can influence long-term planning. It’s important to adjust your strategy with these factors in mind.

Where to start with investing

Don’t let misconceptions hold you back. Starting to invest doesn’t require a large sum, and beginning early can be beneficial. The earlier you start, the more time your money has to potentially grow over the years. Understand your overall financial situation, set clear goals and develop a long-term plan.

It’s important to also make sure you’re covered for unexpected expenses that come up before you start to invest. Build up a cash emergency fund, typically enough to cover three to six months of expenses, and pay down any high-interest debt.

Taking charge of your finances

The good news is that women are taking charge of their finances. J.P. Morgan’s research found that 75% of women respondents make financial decisions with their partner or take the lead themselves. For those who have a spouse or partner, it’s important for each person in the relationship to play an active role in the process.

Building wealth can be empowering for many women. The same survey found that 73% of women respondents said money gives them “security,” while 64% of Gen Z and Millennial women associated it with “freedom.”

The power of having a team

Some people find it helpful to work with a financial advisor, so you don’t have to tackle things alone. An advisor can help you craft a plan tailored to your needs and keep you on track throughout your lifelong financial journey. If you expect to receive an inheritance, you should also consult with estate planning and tax professionals.

No matter where you are on your wealth-building path, education is key. It’s so important to be an informed investor, and there are plenty of resources out there to help. You can find a library of free educational resources at chase.com/theknow.

As the landscape of wealth continues to evolve, women have a unique opportunity to shape their financial futures and those of generations to come. By staying informed and planning ahead, women have the tools to help them confidently navigate the Great Wealth Transfer and set themselves up for financial freedom.

The views, opinions, estimates and strategies expressed herein constitutes the author’s judgment based on current market conditions and are subject to change without notice, and may differ from those expressed by other areas of J.P. Morgan. This information in no way constitutes J.P. Morgan Research and should not be treated as such. You should carefully consider your needs and objectives before making any decisions. For additional guidance on how this information should be applied to your situation, you should consult your advisor.  

JPMorgan Chase & Co., its affiliates, and employees do not provide tax, legal or accounting advice. You should consult your own tax, legal and accounting advisors before engaging in any financial transaction.  