QUESTION

How and where do I bring a claim for an estate?

Asked on Mar 22nd, 2017 on Estate Litigation - Connecticut
More details to this question:
My biological father died in 2008 in Hawaii. I didn't find out about his passing until several years later. His sister handled his estate; she resides in Rhode Island. After requesting something, anything, that belonged to him for years and getting nowhere, I'm considering legal action. Where do I begin? Which state laws apply? Hawaii? How can I find out about his will and estate? Things are a touch more complex as he is not listed on my birth certificate so there is no documeted legal right already established. I currently live in Connecticut. I appreciate any insight as I decide my next steps.
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1 ANSWER

Maryellen Sullivan
Yes, the laws of Hawaii apply.  Heirs are supposed to be notified of probate proceedings and it sounds like you were not, which could work in your favor . . . but it has been nine years since your father died and my guess is that there is a statute of limitations in Hawaii that limits claims against an estate to less time than that.  You also say that you made requests for years and years, so this is not recent news to you.  The time limit probably will prevent any claim against the estate and maybe against the sister as executor as well.  Probate filings are public in most states and often available online, so you could do some research to see if you can get copies of his Will and the probate proceedings.  If his family does not recognize you as his child, you would have to prove that first.  Depending on the value of his estate and what his Will states, it might not be worth the significant legal effort involved to prove your status and then go after the sister for not providing you with notice or a share of the estate, if you are entitled to it.  If you want to determine what it might cost and what you might gain, I recommend finding an experienced probate attorney in Hawaii to do a consultation.  The specific facts of your situation and your father's probate proceedings will determine what, if anything, you can do. 
Answered on Mar 23rd, 2017 at 10:38 AM

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