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