November 4, 2025
Ten years into practicing probate law, Jehan Crump-Gibson hit a wall with estate planning
Ten years into practicing probate law, Jehan Crump-Gibson hit a wall with estate planning. She grew exhausted with the court cases, especially among her Black clients, of families arguing over grandma’s house, granddad’s money, and arguing who would take care of their mom or dad.
Crump-Gibson knew the solution to the fighting was relatively simple: estate planning and setting up a power of attorney. That’s why she has made it her mission to ratchet up community education and workshops, and authored the book, A Matter of Life and Death: How to Handle Family Affairs During Illness and Death and Keep Probate Court Out of Your Business.
“It’s already a hard subject to talk about, then compound that with the million-dollar words that people can’t understand,” she told BLACK ENTERPRISE. “So [I thought], how can I put this in everyday language so that everyone understands that we need to plan, and it doesn’t matter what your assets or family looks like.”
70% of Black Families Are Not Estate Planning, Report Reveals
The global COVID-19 pandemic prompted people to confront end-of-life planning like never before, regardless of age. By 2022, two years after the start of the pandemic, 33% of Americans reported having a living will, according to a study by Caring.com. Younger people saw the most significant increase. The number of 18-34-year-olds with estate planning documents increased by 50% at the time.
However, things have taken a turn. According to Caring.com’s latest study, only 24% of Americans report having a living will, down from 33% previously. These numbers are even lower for Black Americans. According to Caring.com’s 2022 report, only 29% of Black Americans reported having a will or estate planning document. That means approximately 70% of Black Americans do not have a will, which is significantly higher than the national average.
As CNBC pointed out, an estimated $68 trillion will be transferred from U.S. households to heirs and charity over the next 25 years. This means the consequences are dire for Black families, who will miss out on one of the largest wealth transfers in history.
Across all races, procrastination remains one of the top reasons why people haven’t made a will or a trust. The other top reason is that people believe they don’t have enough assets to leave to anyone, which Crump-Gibson said is a myth.
“Estate planning is a lifetime process, and what I say is that it starts as soon as you hit adulthood. What your plan is going to look like will depend on your assets or family.”
She added, “When you get a bank account, a 401k, whatever it is that you have, you need to plan for it in the event you can’t handle your own affairs. You need to dictate what’s going to happen with that asset.”
Estate planning isn’t just about assets and finances. It’s also essential to plan for health-related events or crises. Crump-Gibson said that under the law, people are recognized as adults at 18, so having a power of attorney document is imperative for all adults, even college students.
“This is what indicates what happens if you are in a state where you can’t make decisions for yourself, because even if you can’t, decisions still have to be made,” she said. “Your bills still need to be paid, and health decisions will need to be made.”
The lack of a power of attorney means that the matter is taken up in probate court, which can consume time that people often don’t have during a health crisis, and incur additional expenses.
Notarizing Wills and Power of Attorney Documents Properly
Even with documents that indicate how assets should be distributed and who will be recognized as a power of attorney, Crump-Gibson cautioned people that it may not be legally recognized. This is also the case for handwritten documents.
One of the most notorious cases involves Aretha Franklin. Months after her 2018 death, Franklin’s family believed that she had no will. Under Michigan law, that would mean that her assets would have been divided equally among her four sons. However, months later, two handwritten documents were found in her home. The New York Times reported that one was found in her spiral notebook, hidden in the couch, and another was locked in a cabinet.
The problem: Neither document was prepared by a lawyer or listed witnesses, despite one being notarized. Four years later, a jury ruled that the will under Franklin’s couch cushion was valid. Crump-Gibson said this is one of many examples that should serve as a cautionary tale for families.
“Have your document written up, have it properly witnessed, and notarized in accordance with whatever your state law provisions are, and then you’ll be protected,” she said. “You’re not exempt from needing to estate plan.”
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