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Hawaii Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for Hawaii on
Q: My sister said that she was in charge of dividing my mother's estate. I havent even seen the will. How do I make her

Show me the will?

Nina Whitehurst
Nina Whitehurst 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.

1 Answer | Asked in Estate Planning, Landlord - Tenant and Probate for Hawaii on
Q: After I pass away, Will my residential property give to my wife when the property is my parents and I in title.

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.

Timothy Denison
Timothy Denison 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.

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Hawaii on
Q: I inherited 50% of a property as tenant in common 6 years ago. I never lived there. Do I owe money to current occupant?

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... Read more »

Nina Whitehurst
Nina Whitehurst 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...
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1 Answer | Asked in Estate Planning for Hawaii on
Q: Can I file an amendment to my revocable living trust with out my lawyer as long as it is notarized
Kenneth V Zichi
Kenneth V Zichi 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...
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1 Answer | Asked in Estate Planning for Hawaii on
Q: How long does it take for a title to changeover from my deceased parents who left the properties over to s children and
Rodney John Alberto
Rodney John Alberto 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... Read more »

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