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Hawaii Questions & Answers
1 Answer | Asked in Traffic Tickets, Car Accidents, Military Law and Small Claims for Hawaii on
Q: Someone is accusing me and my fiancé of crashing into their car. We weren't there and they have no actual proof.

They are posting it everywhere on Facebook and getting people to attack us. The person who crashed into their parked car left a note and the number isn't my fiancé but somehow brought them to his Facebook account. What should we do?

Peter N. Munsing
Peter N. Munsing
answered on Feb 2, 2017

Notify your insuance to be on the safe side. Have an attorney draft a cease and desist letter. They can also give you a couple of short sentences you can respond to. If they aren't getting a rise out of you, sooner or later they will find something else.

1 Answer | Asked in Criminal Law, Family Law, Real Estate Law and Probate for Hawaii on
Q: My dad pass away 2 years ago in his house in Hawaii with my stepmother. The house is already paid off. They have a will

And my dad still have living siblings. Also I would like to open a case for my dad. Need your help.

Richard Samuel Price
Richard Samuel Price
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.

1 Answer | Asked in Child Custody and Child Support for Hawaii on
Q: In the state of Hawaii, can a non-custodial parent relinquish their rights to children and not pay support?

non-custodial parent does not see children unless mother says yes. Total days seen in 2016=4. Father was unable to keep visitation schedule made by mother because of work schedule and children's school/sport schedule and children live 24.5 miles approximately a 2 hour drive to and from. Mother... View More

Gavin Kazuo Doi
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Gavin Kazuo Doi
answered on Dec 15, 2016

The brief answer is that a non-custodial parent cannot relinquish/terminate their rights to their child, nor their child support obligation. The only two exceptions would be (1) the State (through Child Welfare Services/Department of Human Services) terminates the parent's rights to the child... View More

1 Answer | Asked in Business Formation for Hawaii on
Q: I read about "Series LLC"which allows one to set up one or more series of assets w/i a single LLC. Is this aval in Hi?

In an Series LLC, the business and assets of each series can be managed and operated separately (can have separate owners/mgrs, separate operating agreement that specifies a separate division of profits and losses, even separation of legal liability between each series w/i an LLC. Apparently a... View More

Jason Braswell
Jason Braswell
answered on Apr 19, 2017

Hawaii law does not currently provide for series LLCs. If you wanted to use Hawaii LLCs, you would have to form multiple LLCs, which you could then stack under a holding company if you wanted. Alternatively, you could always just form your LLCs in a jurisdiction that allows series LLCs, e.g.,... View More

1 Answer | Asked in Criminal Law for Hawaii on
Q: Can a defendant have a public defender and a private attorney on record at the same time after sentencing?

Defendant was sentenced to consecutive terms on 3 counts, (5 years, 5 years and 1 year). Motion to Reconsider denied. Public Defender was unresponsive for more than 2 years, family retained private counsel. Both defense counsel's filed "Stipulations,15 days apart. Information provided... View More

Barry Lloyd Sooalo
Barry Lloyd Sooalo
answered on May 9, 2017

Short answer: yes. This can occur. The defendant would have to be indigent to have a PD. Private counsel would be there as a volunteer or pro bono and both counsel would have to consent to the dual counsel arrangement, as well as the client. Not an ideal way to proceed, but under that scenario,... View More

2 Answers | Asked in Employment Law, Personal Injury, Insurance Defense and Business Law for Hawaii on
Q: Is licensure required to practice Biomechanics, particularly Forensic Biomechanics, in the state of Hawaii?
Peter N. Munsing
Peter N. Munsing
answered on Aug 16, 2016

Depends on what the person is doing. For many aspects of engineering you don't need to be a licensed P.E.

As to "forensics" that will depend on whether a Court recognizes the individuals training, experience and background.

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1 Answer | Asked in Wrongful Death for Hawaii on
Q: my minor son will be getting a structured setement in the state of hawaii for the wrongful death of his father

we live in nevada now and im wondering if i can set up the trust here in nevada.? i have not accepted any of the proposals yet.

Peter N. Munsing
Peter N. Munsing
answered on Jul 22, 2016

That would make sense.You may want to set it up so that he doesn't get all the money by age 18, if the Court(s) will let you do that. Talk to an attorney who handles family law matters.It shouldn't be that expensive, so paying them per hour may make the most sense. Then when it's... View More

1 Answer | Asked in Immigration Law for Hawaii on
Q: If a permanent resident who has lived in the US for 5 years, and who has a petition in for their 3 unmarried children,

(one soon to be married) to come to the US, becomes a US citizen, will the change in immigration status of the petitioner affect the standing of the petition in regards to validity and place in the queue?

Shan Dimitris Potts
Shan Dimitris Potts
answered on Jun 29, 2016

Yes, your case will be automatically updated but it takes time for it to be done automatically. If you update your status yourself the process will be much faster. And the priority dates will also change after you become a U.S citizen.

All the best.

-Shan Potts

Like our...
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1 Answer | Asked in Immigration Law for Hawaii on
Q: hello my name is machiko, im half japanese. i tried applying for f1 visa before my j1 visa expired. i was denied

now my question is will i have a ban because my i-94 expired before i received the result of the status. im staying in hawaii while waiting for the result

Shan Dimitris Potts
Shan Dimitris Potts
answered on Jun 21, 2016

You usually have 60 days to leave the country after your I-94 expires. If it has been more than 60 days since your visa expired, you may have a ban.

All the best.

-Shan Potts

Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez...
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1 Answer | Asked in Criminal Law for Hawaii on
Q: I have heard that if I am pulled over for a suspected DWI I can refuse a breathalyzer test. Is this true?
Stephen Bilkis
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Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 11, 2016

You do have a right to refuse a breathalyzer test, but the question is whether it is worth your while. By refusing the test, you can wind up being charged with your refusal (even if you are found not guilty for the DWI).

This is because when you obtained your license, you automatically...
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1 Answer | Asked in Business Law for Hawaii on
Q: I believe I was wrongfully removed from an LLC without my knowing. I was a 50% member of the LLC. What are my options?
Adam Studnicki
Adam Studnicki
answered on Feb 4, 2016

Talk to a local business litigation lawyer about the details.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to...
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2 Answers | Asked in Divorce and Family Law for Hawaii on
Q: Am i allowed to take items out of our home to the pond shop bc husband won't support family financially?

I am in a abusive marriage and decided to leave him. I am working with social workers who help me go through the court/legal process. I have a TRO and he cannot contact me or his children. He refuses to support his children financially. He pays for rent and major bills but refuses to give me money... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 30, 2015

Hire an attorney and get the advice that you need about this. At least go to speak with a family attorney in your area and have a full discussion.

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1 Answer | Asked in Family Law for Hawaii on
Q: do i have legal rights to my husbands bank account (not a joint acc) to buy food for my kids and me? Hawaii/military

I am a shm with 3 kids, seperated because he is psychol. And phys. Abusive. He is not paying me any money. He is paying for rent and all major bills. Do i have the right to transfer money from his acc. To mine (it's not a joint acc)? I would keep records that it's used for food. Just... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 29, 2015

No. If you are not on the account, you can't draw funds from it.

You need to file suit for legal separation (if allowed in your state) or divorce. Then you may be able to get a court order requiring him to support you and your children.

1 Answer | Asked in Real Estate Law for Hawaii on
Q: If a property was jointly owned and one spouse dies, how does the remaining spouse get a reverse mortgage?

Does the executor of the will need to sign forms so the remaining spouse can get a reverse mortgage? Does this make the original will of the spouse that died first null? Does this mean that the heirs of the spouse that died first will not inherit after the property sale?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 27, 2015

It they owned the property as joint tenants with right of survivorship, the property passed to the surviving spouse by operation of law. So no,, the executor has no say in the matter. The will is not void, but the property doesn't pass by the will. And yes, the heirs named in the will get... View More

1 Answer | Asked in Stockbroker Fraud and Securities Law for Hawaii on
Q: International transportation and trading company limited under the laws of the territory of hawaii merged into the big5

I seen brokers I seen unclaimed property I seen banks. What happens to stocks when a person dies.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 27, 2015

The corporation isn't necessarily notified. The personal representative (or "executor") of the decedent needs to notify the corporation.

1 Answer | Asked in Securities Law for Hawaii on
Q: What is the first thing one should do when cashing in on capital stock?territory of hawaii

INTERNATIONAL TRANSPORTATION AND TRADING COMPANY, LIMITED

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 26, 2015

Have a conversation with an accountant?

1 Answer | Asked in Immigration Law for Hawaii on
Q: I am Canadian, lived in USA 37 years,married an american, I need an attorney to help me get citizenship.

I have 3 x husbands and my former is deceased. I remarried 10 years ago, and am still married and we have 2 american children. I need assistance please

Shan Dimitris Potts
Shan Dimitris Potts
answered on Sep 24, 2015

The first step in applying for citizenship is to get a permanent residence card. Once you get a permanent residence card and send 5 years in the US with that card you will be able to apply for citizenship. Your US citizen husband may be able to sponsor you for a green card, so please contact an... View More

1 Answer | Asked in Employment Discrimination for Hawaii on
Q: Large insur co. boss locally is accused of multiple counts of harassment. What kind of lawyer do we need as employees?

Twenty plus employees are involved and interested in filing suit. Company based out of NYC and very astute. Documented and he was released recently; but that should not release he and the company from liability. We as a group need counsel here in Hawaii. Any help in pointing us in the right... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 22, 2015

When you have a question you have to give enough basic information. You have not stated what type of harassment is involved here. Perhaps a personal injury attorney is needed, perhaps just a general practitioner. Actually going to see an attorney could be quite helpful.

2 Answers | Asked in Criminal Law for Hawaii on
Q: In Hawaii, is it illegal for my neighbor to videotape or photograph me or others on my property?

Is there any legal action I can take? Any advice?

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 19, 2015

This forum does not have many attorneys who answer questions in your state. Go see a local one.

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1 Answer | Asked in Consumer Law for Hawaii on
Q: What kind of attorney do I seek for misleading and false advertising?
Robert Jason De Groot
Robert Jason De Groot
answered on Aug 12, 2015

Any attorney with experience in this area. There is most likely a government agency that you can make a complaint with about this. The state attorney general or solicitor general might be able to point you in the right direction.

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