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Hawaii Questions & Answers
1 Answer | Asked in Real Estate Law for Hawaii on
Q: I have lived on land in Hawaii for 26 years without a hitch. How do I prove it? To whom shall I file my proof?
John Michael Frick
John Michael Frick
answered on May 3, 2023

File a lawsuit to quiet title by adverse possession against the person with legal title based on what is recorded and against anyone else claiming an interest or lien to the property.

Give your attorney documents, photographs, and the names of witnesses that can show you have in fact been...
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1 Answer | Asked in Employment Law, Civil Rights and Military Law for Hawaii on
Q: Army EO complaint

An EO complaint was brought against me. The IO found that I committed unlawful discrimination, however, the independent SJA review found that it was legally insufficient. What should I expect will happen next?

I am an active duty O-3 in the Army.

James L. Arrasmith
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answered on May 2, 2023

As an active duty O-3 in the Army, you may expect further review of the EO complaint by your chain of command. The SJA review found the complaint legally insufficient, so it is possible that the complaint may be dismissed. However, it is ultimately up to your chain of command to make a... View More

1 Answer | Asked in Social Security and Public Benefits for Hawaii on
Q: I’m not sure if my first question was saved. Just registered. I am 67 years, 11 months old. widowed since 6/2019.

I didn’t know that I was eligible to receive my deceased husband’s benefits. I applied yesterday. SSA said they would pay retroactively 6 months (from October 22). Am I eligible to receive ALL the benefits from when I was first eligible, at age 66 years and 2 months? Thank you!

James L. Arrasmith
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answered on May 2, 2023

Yes, as a widow, you may be eligible to receive your deceased husband's Social Security benefits. Generally, you can receive survivor benefits as early as age 60 (or age 50 if you are disabled) and continue to receive them for the rest of your life.

If you filed for survivor benefits...
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1 Answer | Asked in Criminal Law for Hawaii on
Q: Oh and I nearly forgot when they took me to the holding cell .I was repeatly asking to talk to my lawyer

They just kept ignoring me I felt like they were not honoring my rights so when they questioned me I just answered making up wat ever because I felt they were not respecting my rights

Mark Simonds
Mark Simonds
answered on Apr 3, 2023

When someone is in police custody, and subjected to interrogation, all questioning must cease if the person detained requests a lawyer. Also, if the person detained asserts their right to remain silent, police must cease questioning, however, my resume questioning at a later time. Please talk to... View More

1 Answer | Asked in Workers' Compensation for Hawaii on
Q: I have a federal case with Safeway and I need help. How do I find an attorney for a federal case?

I was working for a company other than Safeway. When I fell in a Safeway while their store was under construction, I need help. There were many people involved in this case so I’m not sure what attorneys can help me due to conflict of interest.,, and due to my head injury I have a had a hard time... View More

John Michael Frick
John Michael Frick
answered on Apr 2, 2023

First, you need a workers compensation attorney to address your claim against your employer for your on-the-job injury. This will be how you get compensation for any missed work and get your medical bills paid.

Second, you need a Hawaii lawyer who is admitted to the Oahu federal district...
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1 Answer | Asked in Copyright and Intellectual Property for Hawaii on
Q: Am I allowed to reference a worksheet in a screenplay?

The worksheet came from a book. The copyright page states: “Purchasers of this book have permission to copy worksheets and boxes, where indicated by footnotes, for personal use or use with individual clients. These worksheets and boxes may be copied from the book or accessed directly from the... View More

James L. Arrasmith
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answered on Mar 29, 2023

The copyright page of the book that contains the worksheet in question states that purchasers of the book have permission to copy the worksheet for personal use or use with individual clients, but may not distribute it on intranet or internet sites, or make it available for resale. However, it is... View More

1 Answer | Asked in Contracts for Hawaii on
Q: Can I get help to get out of a contract? I have had a horrible experience with a solar panel company.

Firstly, the person who sold me them lied about what my electric bill would be. Secondly, they installed the system backwards, that made my electric bill triple it took them a year and a half to figure this out. Lastly, where they put the solar panels, I had terrible mold on my ceiling. They told... View More

Jacob Rheaume
Jacob Rheaume
answered on Mar 18, 2023

Hi Judy,

I'm terribly sorry this is happening to you. Without being able to review the contract, the advise that I (or anyone else) will be able to give you is limited.

That said, from what you say, I think you (most likely) have a very strong case arising under common law,...
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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Hawaii on
Q: Can I start a podcast with the same name as a documentary film from several years ago? Not quite same focus (see details

I want to start a podcast called gun stories (pretty generic name.). When I do a trademark search, there's a documentary called gun stories. Our podcast is interviewing people about their stories about guns. The documentary was about the history of guns.

Matthew Nuzum
Matthew Nuzum
answered on Mar 15, 2023

Yes, you can, but if your podcast is deemed confusingly similar to the prior uses then you may be approached to change the name or reduce the chance of confusion. And, by the way, doing a trademark search is not the best way to see if there's a conflicting usage of the name. The purpose of a... View More

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Hawaii on
Q: Can I start a podcast with the same name as a documentary film from several years ago? Not quite same focus (see details

I want to start a podcast called gun stories (pretty generic name.). When I do a trademark search, there's a documentary called gun stories. Our podcast is interviewing people about their stories about guns. The documentary was about the history of guns.

James L. Arrasmith
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answered on Mar 29, 2023

It is possible to start a podcast with the same name as a documentary film from several years ago, but it may be risky due to potential trademark issues. The documentary may have a trademark for the name "Gun Stories" in relation to entertainment or documentary services. If you use the... View More

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1 Answer | Asked in Consumer Law for Hawaii on
Q: Can I sue a store for non delivery of product with a POS receipt that is not a registered business in Hawaii?

After seeing and agreeing to put a deposit on a product at a store in Maui, I was asked to sign a shipping & purchase document, as they were just the licenced distributer of the product and the manufacturer would be shipping my product upon full payment. I remember reading I would have 14 days... View More

James L. Arrasmith
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answered on Mar 2, 2023

If you believe that you have been a victim of a scam or fraud, you may want to consider contacting an attorney who specializes in consumer protection or fraud cases. They can advise you on your legal options and help you determine whether you have a viable claim for damages.

In general,...
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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,... View More

1 Answer | Asked in Estate Planning for Hawaii on
Q: Is it normal to be asked by an attorney about my medication situation, my government situation & names of my kids ?

My dad recently passed away and name me and my 2 older sisters in his will.

Tim Akpinar
Tim Akpinar
answered on Apr 18, 2024

A Hawaii estate planning attorney could advise best, but your question remains open for four weeks. I'm sorry for the loss of your father. It could depend on the role of the attorney - tax, private dispute, etc. As a general short answer, without practicing in this area and not knowing the... View More

1 Answer | Asked in Landlord - Tenant for Hawaii on
Q: I have a lightbulb camera outside of my apartment front door. It faces the main entry gate to our building, Is that ok?

There are 2 other units front doors in view of my camera field of vision. But that’s the only way to view the front main entrance from my unit. Is that illegal? I was told to turn it away or remove it

James L. Arrasmith
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answered on Mar 31, 2024

The legality of using a camera that captures views of neighboring units can vary depending on your location and specific circumstances. In general, you have the right to install security cameras on your property for safety purposes. However, the camera should not infringe upon the reasonable... View More

1 Answer | Asked in Business Law and Contracts for Hawaii on
Q: I have a contract (in English) from a surfboard company in Portugal. Is there anyone there familiar with Portugese law?

This contract seems fishy.

Tim Akpinar
Tim Akpinar
answered on Feb 11, 2024

A Hawaii attorney could advise best, but your question remains open for two weeks. You may need to go outside this forum for guidance on Portuguese law - this is basically limited to U.S. law. Good luck

1 Answer | Asked in Consumer Law, Foreclosure, Real Estate Law and Collections for Hawaii on
Q: If making monthly mortgage payments, why am I in foreclose, and I have all my bank statements showing I have paid.

I asked where my payments went, if you are claiming I have not paid. No answer. SPS had blocked me from making my December, January and February payments because I was told I am in legal process of foreclosure. I asked why as I have been making payments. I was told I had not made any payments... View More

Blake Goodman
Blake Goodman
answered on Feb 1, 2024

You are being screwed with. I help people file bankruptcy to save their home from foreclosure, not this kind of thing.

You need to find an attorney that represents borrowers under the Truth in Lending Act (or TILA). See what you can find on Google for an attorney versed in this law that...
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1 Answer | Asked in Construction Law for Hawaii on
Q: Can a construction contract threaten imprisonment if project is not completed
Tim Akpinar
Tim Akpinar
answered on Dec 24, 2023

A Hawaii attorney could advise best, but your question remains open for four weeks. Until you are able to consult with a local attorney regarding protocols for construction contracts under Hawaii law, that sounds unusual for any jurisdiction. Construction contracts generally impose monetary... View More

1 Answer | Asked in Uncategorized for Hawaii on
Q: Can I file a lien or something else? on property I leased that new owner(bank) hired guys to assault me at?

During my lease the property foreclosed. The bank owns it & hired 3 guys to home invade, assault & throw me out 9 mos prior to lease term.

I would like to sue the bank & the guys. Is there a certain form to file to gain property with this?

This was during Covid... View More

James L. Arrasmith
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answered on Dec 5, 2023

In Hawaii, if you've been assaulted and forcibly removed from a property you were legally leasing, you have grounds to pursue legal action. The fact that the bank, now the property owner, allegedly orchestrated this assault exacerbates the seriousness of the situation.

Firstly, filing...
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1 Answer | Asked in Estate Planning and Probate for Hawaii on
Q: Put our home in a Hawaiian not calif trust so that it won’t go thru probate?

Our banker told us to put the home in a Hawaiian trust (not calif ) so the home would not go thru probate? What is the simplest way to achieve this goal?

Kelly LaPrade
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Kelly LaPrade
answered on Nov 27, 2023

Aloha,

To change ownership in a property located in Hawaii generally the current owners would convey the property in a new deed to the trustee of the trust. This answer assumes a few pieces of information which would need attorney verification. Thank you

1 Answer | Asked in Criminal Law for Hawaii on
Q: Does a dismissed citation in Hawaii remain on my record?

I was given a citation for drinking on the beach in Hawaii. I live in North Carolina and was told to call to schedule a virtual court appearance. When I called, I was informed that the case was not being pursued by the prosecutor so it is dismissed. I asked if this meant it would not appear on... View More

T. Augustus Claus
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answered on Nov 6, 2023

Yes, a dismissed citation in Hawaii can remain on your record. In Hawaii, dismissed citations are not automatically expunged from your record. If you want to have a dismissed citation expunged, you must file a petition with the court.

1 Answer | Asked in Family Law and Divorce for Hawaii on
Q: Is there grounds for an annulment?

Thank you

T. Augustus Claus
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answered on Oct 18, 2023

Grounds for an annulment in Hawaii can include factors like fraud, bigamy, impotence, lack of consent, and underage marriage. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

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