Get free answers to your Estate Planning legal questions from lawyers in your area.
My husband's care will never need $ from his trust.
My dad recently passed away and name me and my 2 older sisters in his will.
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 
As a trustee, I need to distribute the property equally. He is one of the beneficiaries but he unable to buy out the others' share of the property. As a trustee, can I evict him to be able to sell the property and equally distribute the proceeds to each of the beneficiaries? He used to pay... View More
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answered on Jan 8, 2024
As a trustee, your primary obligation is to manage the trust's assets in the best interest of all beneficiaries, following the terms of the trust. If the trust's goal is to distribute the property equally and your sibling, a beneficiary, is living in the house without contributing to its... View More
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
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.
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
Show me the will?
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answered on Apr 27, 2020
The will should be lodged in with the probate court by now, and you can get a copy from the court as it is now a public document. If your sister has not yet opened probate, then you can hire an attorney and open a probate yourself and the judge can require your sister to turn over the will.
My father, mother and I in our residential property title. How will the property split its ownership when one of us passed away. Can someone argue to fight to own the property when one of us passed away.
answered on Apr 21, 2020
One would have to see the deed to properly answer this question but probably it will be owned by right of survivorship, which means after first of you die, owned by other two. After the second dies, it goes solely to the last person living.
Sibling was executor of our mothers' estate and moved his family in immediately after she died. I never received a deed. I lived out of state with my husband at the time. There is no tenants agreement. Sibling unable to buy me out at that time. I did not ask for compensation for him and his... View More
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answered on Nov 5, 2019
If you did not sign the note for the current debt, then you are not personally liable on it. If you did not sign the mortgage that secures the current debt, then your share of the property is not liable for the current debt either.
If your sibling insists that you pay for half of the... View More
answered on Feb 22, 2017
Of course you can. You can also cut off your index finger, or do your own appendix removal.
What you SHOULD do however, might be different than what you can do.
Trusts are complicated documents and one section often relies on the language of another, and the WHOLE thing needs to... View More
answered on May 5, 2011
When a person dies, generally, title doesn't pass automatically. The legal entity that takes over for the deceased person, that is, their "estate" must actually deed the property over to you. The person that does this is the executor. If this hasn't been done, you should hire... View More
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