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I have a grandfather who died in 1986, and a probate was done with a will. Wife and 4 children of deceased; 2 have already done probate and 2 haven't. How can we go for claiming real estate without going into probate again? Or to remove his name from heir and real estate property?
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
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.
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
She left him a year after they purchased the house. She moved off island. She has never paid the mortgage or anything. He and I have been together for 8 years now, living in the house. He and I have a child together and are married. If anything were to happen to him or me, we want to make sure our... View More
answered on Jan 2, 2021
If you can’t get her to agree to some kind of voluntary settlement then you will need to bring a quiet title lawsuit against her.
My name is Carol im from the Philippines I am a US citizen as my dad had petitioned me to come to Hawaii before he had died. During his last days he said that he was in the US army and he had bought and paid for a home for my mom and me on the island of Hawaii. He told me to come and claim the home... View More
answered on Oct 10, 2020
Check for a Probate Action in both the County where he died and where the property lies. If no Probated Will then the Heirs At Law own the property, which should include you. You probably need an attorney to establish your title, and a Partition Sale may be necessary.
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.
Served today, dad passed 2012, wife put restraining order and wasn't able to pay for probate to fight for our dad's property back
answered on Dec 21, 2019
Your post contains only statements of fact, no question capable of being answered. Please repost in the form of a question.
Please understand, however, that this forum is for questions of a general nature. If you need help with your individual facts and circumstances, usually a... View More
answered on Sep 21, 2019
You petition the local court to probate the will. Once the court accepts it as the decedent’s last will and testament the executor appointee by the court administers the will and, if need be, enforced it with the power of the court.
I have information birth death marriage certificates to prove proper identity. Is it legal without documents for someone else to sell, own or divide land or even lease it without title.
answered on Aug 24, 2019
Yes. As a matter of fact I have a bridge in New York City I would like to sell you.
On a more serious note, you need to find a Hawaii probate attorney to help you probate your uncle’s estate.
Hawaii court action to eject tresspassers now say theyhave a trust and interest Hawaiian land laws kuleana lands form served below district courtheading says (per organic act 1900 sec 75 a substitution of the Hawaiian Postal Savings Bank) ? state of Hawaii im plaintiff he is asking for... View More
answered on Apr 23, 2017
The answer to your specific question is Sui Juris means 'of age' and is usually referring to beneficiaries of a will or trust -- all of them are now 'of age' and can represent themselves, as opposed to a minor who would need someone to represent his interests. The REMAINDER of... View More
answered on Mar 5, 2017
I believe most states, if not all, have "forced share" statutes that entitle a surviving widow (or widower) to take a minimum share of the deceased spouse's estate, even when the decedent's will left her less than she would have been entitled to by intestate succession. There... View More
And my dad still have living siblings. Also I would like to open a case for my dad. Need your help.
answered on Jan 13, 2017
If your dad lived in Hawaii when he passed, then a probate action would be brought in Hawaii. You may want to repost your question under Hawaii.
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