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Hawaii Questions & Answers
1 Answer | Asked in Civil Rights, Personal Injury and Workers' Compensation for Hawaii on
Q: Toxic work place suffered a psychological injury.Is a psychological injury a disability?
Tim Akpinar
Tim Akpinar
answered on Jan 4, 2023

A Hawaii attorney could advise best, but your question remains open for three weeks. At this point, you could reach out to workers' comp and disability attorneys in Hawaii to try to set up free initial consults to discuss. You could search attorneys on your own, and there's a tab above,... Read more »

1 Answer | Asked in Probate for Hawaii on
Q: If a sibling created a false will and named himself executor what can I do to make things right
Nina Whitehurst
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Nina Whitehurst
answered on Dec 7, 2022

You need to hire an attorney to contest the will. If you don't, it will be accepted by the probate court and will be administered per its terms.

1 Answer | Asked in Criminal Law and Traffic Tickets for Hawaii on
Q: Backing out of supermarket stall I bumped into someone behind. There was no damage.The lady said I dont know what to do

I told the lady there was no damage. There was lots of traffic backing up. I got back into my car pulled out and as I was moving forward the lady grabbed onto my cars driver side mirror almost pulling it off. I told the lady there was no damage get off my car. She let go. So I left thinking she... Read more »

Mark Simonds
Mark Simonds
answered on Oct 10, 2022

I recommend that you hire a competent attorney, or, if financial circumstances do not permit that, to apply for the services of a public defender. Depending on how you are charged, this is a matter which could result in the potential for jail time under these facts, possibly up to 10 days! While... Read more »

1 Answer | Asked in Probate for Hawaii on
Q: How do you know if a deceased parent had a will, or life insurance?

Also a deceased parent estate, and assets, where to find this information.

Kelly LaPrade
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Kelly LaPrade
answered on Oct 9, 2022

You should check at local banks to find out if the decedent had a safe deposit box. Most banks will allow access for the purposes of looking for a Will. Look through the decedent’s files and mail.

If you do not have access you may need to contact a lawyer to determine if you can be...
Read more »

1 Answer | Asked in Landlord - Tenant, Personal Injury and Real Estate Law for Hawaii on
Q: Rented home,w/o alarms, fixed rotten stairs prior to moving in,nor got check 4 repair,not renting condition, able 2 sue?

investigation found zero fireworks or any known combustible items near reported start of fire location.fire investigator’s/landlords insurance determined cause unknown. First week moving in home, off and on we would smell burning wood but didn’t see smoke, (ironically the location witnesses... Read more »

Tim Akpinar
Tim Akpinar
answered on Oct 8, 2022

A Hawaii attorney could advise best, but your question remains open for two weeks. Your question straddles several categories and I can only speak for the Personal Injury aspect of your question, not the L-T issues. When you mention "unscathed," it sounds like you might be referring to... Read more »

1 Answer | Asked in Immigration Law for Hawaii on
Q: Can Canadian citizens leave and return to the US if they are in the process of a visitor visa extension?

I am a Canadian citizen and have been in the US for just over 12 months. I have applied for a visitor visa extension before my 6 months expiration date and was given a biometrics interview, however, at the time my daughter's passport expired and we had COVID and we re-scheduled the... Read more »

Kevin L Dixler
Kevin L Dixler
answered on Oct 1, 2022

There is something odd about this situation. Usually those who file for an I-539 extension are not required to do biometrics. I sense that the wrong form was filed out, but more information is needed!

Canadians usually have a unique relationship with the U.S. The entry is often viewed as...
Read more »

1 Answer | Asked in Divorce and Immigration Law for Hawaii on
Q: My wife can't get a visa from the state department to return to me/USA. She is in the Philippines we need help advise,

We were married in Hawaii, she went back to her home and got stuck in the Philippines because of covid. Her visa was denied probably because I don't make enough money. I am on SSI. This has been a two year process and we only hear from visa agencies that we need to pay them a $1000.00 to get... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 27, 2022

If you are married to her, then you can apply for a spousal visa. If you do not make enough money to financially sponsor her, then you can enlist the aid of a joint financial sponsor. This can be anybody who is a green card holder or a US citizen state side, and if they make enough money, then your... Read more »

1 Answer | Asked in Libel & Slander, Personal Injury and Workers' Compensation for Hawaii on
Q: Why cant I find a workers comp, attorney in Hawaii? almost 3 years now

I had them up to 35k without one. They denied, delayed, blocked a legit claim. Now Im destroyed.

Tim Rose
PREMIUM
Tim Rose PRO label
answered on Sep 27, 2022

Check out Justia.com they have many attorneys in Hawaii that service workers' compensation claims. Good luck. https://www.justia.com/lawyers/workers-compensation/hawaii

1 Answer | Asked in Criminal Law for Hawaii on
Q: If my friend is gonna get charged with a promoting a detrimental drug but everything was in my truck, if I come

Forward and say it wasn’t theirs? Would they get let go? It was in my truck so?….

Mark Simonds
Mark Simonds
answered on Sep 17, 2022

Aloha, as you could potentially incriminate yourself and get charged, I would advise you assert your 5th Amendment Right to remain silent. But, if your friend calls you as a witness at trial you should seek the advice of an attorney.

I wish you the best of luck.

1 Answer | Asked in Criminal Law for Hawaii on
Q: Is promoting gambling in the second degree a felony in hawaii?
Mark Simonds
Mark Simonds
answered on Sep 17, 2022

It is a misdemeanor. Hawaii Revised Statutes, § 712-1222 (2013 reads as follows:

Promoting Gambling In the Second Degree.

(1) A person commits the offense of promoting gambling in the second degree if the person knowingly advances or profits from gambling activity.

(2)...
Read more »

1 Answer | Asked in Real Estate Law for Hawaii on
Q: I have a question about un-filed deeds in Hawaii real estate.

My wife owned a piece of property and she passed away. A cousin has come forward and is claiming the property was sold to them in the early 2000’s the deed has a notary stamp, But isn’t recorded anywhere legally. I’m worried if I don’t agree to the demands presented to me I will be sued... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Sep 13, 2022

Hire a competent HI attorney now to search your Title. You will probably have to sue the cousin to Quiet Title, as he may have blown an SOL. Payment of Taxes may be very significant here. Unrecorded Deeds are effective only amongst the named Parties. He will probably record it now and may... Read more »

1 Answer | Asked in Landlord - Tenant and Personal Injury for Hawaii on
Q: Can a Tennant sue his Landlord? And what is the viability of this?

For the last 10 months I have been living in a situation that I can no longer tolerate. No longer hope that it will get better, no longer willing to compromise my health mental, psycial and emotional. I now have been experiencing PTSD, Post Traumatic Stress Disorder, from being traumatized by my... Read more »

William Lawson
William Lawson
answered on Aug 30, 2022

Your situation sounds alarming and unsustainable. You correctly identify your claims as arising out of landlord-tenant legal responsibilities. Your complaints appear to complain of a violation of the covenants of exclusive use and quiet enjoyment by your landlord.

Frankly it will take a...
Read more »

1 Answer | Asked in Personal Injury and Car Accidents for Hawaii on
Q: I got hit by a truck at his fault while I'm walking in Hawaii. He doesn't have an insurance and has not responding

How can I make him to pay for my medical bills caused by him?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 23, 2022

If you have UM coverage then it might be best to see if your UM policy will cover you, as well as your health insurance and/or medical payments coverage. Also, I would contact an injury/accident lawyer in Hawaii ----most will provide a free initial consult and you might receive some additional... Read more »

1 Answer | Asked in Traffic Tickets for Hawaii on
Q: Is it legal for field sobriety check points to block the only legal u turn area within the vicinity of the checkpoint

I was leaving marine corps base hawaii on 29 July, 2022 on John A. Burns hwy and took exit 15 to go to my home in Kailua. I encountered a field sobriety check point on Kaneohe bay Dr. right to the right of exit 15 under the bridge. The first and only legal u turn area in that direction was blocked... Read more »

Mark Simonds
Mark Simonds
answered on Aug 15, 2022

When you go to court, be prepared to show the prosecutor proof that your vehicle was insured on the day in question. The charge should be dismissed on proof shown.

1 Answer | Asked in Personal Injury and Car Accidents for Hawaii on
Q: Do I have a right to access toxicology report of I am the victim of an accident? How can I get his insurance to pay?

I was not at fault. The person who caused the accident was killed in the accident. His insurance isn't paying yet. I cannot get insurance settlement until prosecutor investigates case. What can I do to get records of the accident so that I can move forward. I have no car and no rental car. Do... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 21, 2022

If you do not have a lawyer representing you then please immediately hire one. When the insurance company does not cooperate with you, then you need someone to fight for you and protect your rights and that is a lawyer.

1 Answer | Asked in Estate Planning and Family Law for Hawaii on
Q: I was written in my grandpas will.

I was written as being entitled to a certain % in my grandpas will but the will states that my mother serves as my trustee and she will have to distribute my part of the will to me. What happens if my mother doesn’t give me my part of the will.

Kelly LaPrade
PREMIUM
Kelly LaPrade
answered on Jul 15, 2022

You need to know what you’re entitled to and when. You can hire an attorney to assist with that, and also to petition the court if there is an issue with the distribution.

1 Answer | Asked in Real Estate Law for Hawaii on
Q: Is adverse possession deemed if owners literally up and left?

My fiancée has been in the home for no less than 23 years after his parents divorced and went their separate ways leaving the home to him. He has been the sole person taking care of the home from, repairs, remodeling etc. excluding land taxes. There is no mortgage as the home has been paid off.... Read more »

Kelly LaPrade
PREMIUM
Kelly LaPrade
answered on Jul 15, 2022

I suggest your fiancé contact an attorney asap to determine if he has a claim for adverse possession as there may be a statute of limitations that could bar the claim if not asserted in time.

1 Answer | Asked in Real Estate Law for Hawaii on
Q: My fiancé has been living in his family home since late 1996. His parents were divorced in 2000 , however prior to the f

My question is , can either one of them justmove back in and essentially push us out especially since my fiancé has been the sole person upkeeping the home from repairs to utilities excluding land taxes that his father refused to let him pay. Secondly, does the father have “more say” or... Read more »

Kelly LaPrade
PREMIUM
Kelly LaPrade
answered on Jul 15, 2022

Hi, I am sorry you’re experiencing this difficulty. Usually ownership to a piece of real property in Hawaii would be vested in the person or persons listed on the deed to property. One way a person could attain ownership is by adverse possession but more facts would be needed to determine... Read more »

1 Answer | Asked in DUI / DWI and Civil Rights for Hawaii on
Q: What does saying "I don't answer questions" do you have legal rights?
Mark Simonds
Mark Simonds
answered on Jul 15, 2022

Under the 5th Amendment to the United States Constitution and the equivalent provision of the Hawai’i State Constitution you have the right to remain silent, in just about all interactions with the government. In other words, you cannot be compelled to speak with government officials, to... Read more »

1 Answer | Asked in Constitutional Law and International Law for Hawaii on
Q: Hypothetically. If a human being identifies as a canary wolf or some other non-human species. Is it murder

Hypothetically. It is not murder to kill an animal, unless endangered. So killing a canary, wolf or non-human species is not murder?

Lost in this 21st century world, got lost in the internet and read people's dark posts. Trying to gain sanity back into my head.

David Luther Woodward
David Luther Woodward
answered on Jul 1, 2022

Under the common law which is the basis for our criminal (which can vary from state to state) is

Killing another human being with malice aforethought.

There's your answer

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