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Hawaii Probate Legal Questions

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5 legal [2, *]questions have been posted about wills and probate by real users in Hawaii. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include living wills, and contested wills. All topics and other states can be accessed in the dropdowns below.

The trustee is not honest. Can we have someone else distribute the trust instead?

Answered 5 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
Please talk with a local trust and estates lawyer about suing for breach of fiduciary duty.  Whether a successor trustee steps in according to the trust document or must be appointed by the court cannot be determined without seeing the document.
Please talk with a local trust and estates lawyer about suing for breach of fiduciary duty.  Whether a successor trustee steps in according to... Read Answer

how do i get my late fathers ex girlfriend out of his house and off the property? I have been appointed personal rep of his estate.

Answered 6 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
You are not personal representative until a court has so appointed you.  Since you write  that you "will...hire a probate attorney," it appears that that has not happened yet.  Once it has, you can seek an eviction action in justice of the peace/small claims court.  You can also ask that court to order the people to turn over the keys but there is no way you can make that happen:  they keys may get lost.  A better approach, after the court appoints you personal representative, might be to call a locksmith.  Work with your probate attorney.... Read Answer
You are not personal representative until a court has so appointed you.  Since you write  that you "will...hire a probate attorney," it... Read Answer

Best friend died owning time share at Aulani ok Alina hawaii

Answered 6 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
Before the sisters can transfer anything to you, it must be legally theirs.  You do not write whether the estate has been probated and title transferred to the sisters.
Before the sisters can transfer anything to you, it must be legally theirs.  You do not write whether the estate has been probated and title... Read Answer

is it possible to re-open probate if there are family members who were not notified?

Answered 7 years and 7 months ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
It depends on who the relatives are.  Hawaii law may or may not have required that they be notified.
It depends on who the relatives are.  Hawaii law may or may not have required that they be notified.

You mention that adding a joint tenant affects gift taxes because it is a gift to the added owner. How is the value of the gift determined?

Answered 9 years and 3 months ago by Maryellen Sullivan (Unclaimed Profile)   |   1 Answer
You are correct as to the value of the gift.  Gifts of over $14,00 per person per year must be reported to the IRS, but are not subject to taxation until you have given more than the federal gift tax exemption amount, which is currently $5.49 million.   
You are correct as to the value of the gift.  Gifts of over $14,00 per person per year must be reported to the IRS, but are not subject to... Read Answer
Wills and Probate
Hawaii

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