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Questions Answered by Kelly LaPrade
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
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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
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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
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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 Estate Planning and Real Estate Law for Hawaii on
Q: I want to file a death certificate with the Bureau of Conveyances for a joint tenant on a property in Hawaii on which I

am the other tenant with rights of survivorship.They informed me that I must have a lawyer do this for me. If this is true,what would be the costs? I live in Alaska.

Kelly LaPrade
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Kelly LaPrade
answered on Jun 26, 2022

If it is just Bureau of Conveyances then I can prepare and file this for about an hour’s worth of time plus filing fee. If it is Land Court then it is much more complicated. You can email me at: kelly@westmauilegal.com for more info on my hourly rate.

1 Answer | Asked in Estate Planning for Hawaii on
Q: My sister who resides in Hawaii just passed. Can one sibling take all her belongs for themselves without us knowing?

Our family consists of 5 siblings spread across the United States. Our sister passed away in Hawaii without a will, and without knowing it, one brother asked a cousin to go pack up her things, without first consulting with us.

We do not know where her belongs (including cars, bank accounts,... Read more »

Kelly LaPrade
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Kelly LaPrade
answered on May 26, 2022

If your sister died without a will then her probate assets would be inherited according to the laws of intestacy. It may be appropriate to safeguard property by taking possession, versus ownership, of the property. Having said that, the lack of transparency is a problem. For instance, it may be... Read more »

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