Hawaii Questions & Answers by Practice Area


Hawaii Questions & Answers

Q: If a surviving spouse is left out a will, are that allowed to "take against the will" and what will they get?

1 Answer | Asked in Probate for Hawaii on
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 are many variations of this and many circumstances that may affect the size or proportion of her share. There are also variations in state laws about what of the decedent's property belongs to his probate estate and is...
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Q: If accident location is HI but an out of state policy is applicable to the claim, do the Hawaii Statutes override policy

1 Answer | Asked in Car Accidents and Personal Injury for Hawaii on
Answered on Feb 24, 2017

Generally the contract will be governed by the law of the place of the contract; Hawaii law would govern questions of liability and damages. However, you will need a Hawaii crash attorney. If it's Maui I suggest John O'Neill; tell him I suggested you call--he'll give you a free consult. Why would you want to apply a lower limit--you'd want the washington no limitiation, I believe.
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Q: Can I file an amendment to my revocable living trust with out my lawyer as long as it is notarized

1 Answer | Asked in Estate Planning for Hawaii on
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 work as a unit to accomplish the goals of the trust as it was set up.

An attorney will ask questions like WHY do you have a trust, WHAT are your goals, and HOW can we accomplish those goals...
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Q: If I am charged with a DWI will I lose my license when I go to court?

1 Answer | Asked in DUI / DWI for Hawaii on
Answered on Feb 12, 2017

Yes, you could. You are, however, entitled to a hearing to determine if the judge can take your license (provided you have taken a blood test). If you have any evidence that refutes what the court has against you, you may be able to keep your license while the case is being decided.
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Q: Do I need to have insurance if my online personal training client signs a liability release form and informed consent?

1 Answer | Asked in Business Formation, Business Law, Contracts and Personal Injury for Hawaii on
Answered on Feb 6, 2017

I hope you had a professional in insurance defense look at your release and waivers. The problems inherent in your business if you are doing nutrition, excercise, don't necessarily review doctor reports, especially if you don't have a degree in either are daunting. Insurance, being a P.C. or Corporation are other things to discuss with the attorney.
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Q: Someone is accusing me and my fiancé of crashing into their car. We weren't there and they have no actual proof.

1 Answer | Asked in Traffic Tickets, Car Accidents, Military Law and Small Claims for Hawaii on
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.
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Q: In the state of Hawaii, can a non-custodial parent relinquish their rights to children and not pay support?

1 Answer | Asked in Child Custody and Child Support for Hawaii on
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 as an unfit parent, based on abuse or neglect; or (2) if there is a proposed adopting parent who will take the place of the parent giving up his or her rights (an example would be the new husband of the...
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Q: Is licensure required to practice Biomechanics, particularly Forensic Biomechanics, in the state of Hawaii?

2 Answers | Asked in Employment Law, Personal Injury and Insurance Defense for Hawaii on
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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Q: my minor son will be getting a structured setement in the state of hawaii for the wrongful death of his father

1 Answer | Asked in Wrongful Death for Hawaii on
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 established the settlement from Hawaii can go to him.

You may have to appear for a hearing in Hawaii if the estate was opened there for purposes of litigation.

All the best.
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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,

1 Answer | Asked in Immigration Law for Hawaii on
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 facebook page for immigration and visa updates - www.facebook.com/pottsmartinez

15 years of successful immigration law experience. The answer above is only general in nature cannot be...
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Q: hello my name is machiko, im half japanese. i tried applying for f1 visa before my j1 visa expired. i was denied

1 Answer | Asked in Immigration Law for Hawaii on
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

15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your...
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Q: I have heard that if I am pulled over for a suspected DWI I can refuse a breathalyzer test. Is this true?

1 Answer | Asked in Criminal Law for Hawaii on
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 agreed to take a sobriety test if it ever became necessary (by implied consent).

Failure to provide a test will cause the DMV to automatically suspend your license. The length of time will vary...
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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?

1 Answer | Asked in Business Law for Hawaii on
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 evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal advice and help with...

Q: What constitutes an abandoned vehicle?

1 Answer | Asked in Car Accidents for Hawaii on
Answered on Nov 13, 2015

See if the applicable statutes or your State's case law include a definition.

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 evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal...

Q: Do both owners of a property need to sign a listing agreement?

1 Answer | Asked in Uncategorized for Hawaii on
Answered on Nov 4, 2015

Usually, the agent/broker should want both signatures on the listing agreement.

Q: Am i allowed to take items out of our home to the pond shop bc husband won't support family financially?

2 Answers | Asked in Divorce and Family Law for Hawaii on
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.

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

1 Answer | Asked in Family Law for Hawaii on
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.

Q: How much jail time would you get for assault in the first degrees in Hawaii

1 Answer | Asked in Criminal Law for Hawaii on
Answered on Oct 29, 2015

An intenet search for punishment for crimes in Hawaii, can get some basic information: http://www.criminaldefenselawyer.com/topics/hawaii-crimes-laws-penalties

Q: If a property was jointly owned and one spouse dies, how does the remaining spouse get a reverse mortgage?

1 Answer | Asked in Real Estate Law for Hawaii on
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 no part of the proceeds. All of this assumes that a JTWROS is allowed in your jurisdiction; speak to an attorney there.

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