Hawaii Questions & Answers by Practice Area


Hawaii Questions & Answers

Q: I purchased a condo 4years ago, but did not receive a disclosure form. I now discover that my ceiling is covered with

1 Answer | Asked in Real Estate Law for Hawaii on
Answered on Jul 14, 2017

Since the vast majority of houses built before the mid 1980s have asbestos somewhere in their structure, the seller is not required by law to priorly disclose the presence of this toxic agent. Another reason why asbestos disclosure was not deemed necessary by the State of Hawaii pertains to the relatively low risk of domestic exposure. Asbestos represents a health hazard only when fibers become airborne. Within most building materials, asbestos fibers are tightly bound and therefore cannot come...
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Q: Why has district nine courts allowed victims of radiation exposure to seek relief of the Fukushima exposure??

1 Answer | Asked in Personal Injury for Hawaii on
Answered on Jun 26, 2017

You should direct that question to a toxic torts attorney. Generally, you can only sue in the united states for a wrong committed in the united states. In toxics cases,the wrong is considered to be the release in most cases. International law and it's effects are an entirely separate issue. You would also have to show your dosage, and that it and nothing else caused your harm.
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Q: can I sue the driver who got arrested with a dui and a hit and run

1 Answer | Asked in DUI / DWI and Car Accidents for Hawaii on
Answered on Jun 24, 2017

If you were injured contact a member of the Hawaii Trial Lawyers Association--they give free consults. Attorney Richard Kawana in Honolulu (on Maui ask for John O'Neill ) may be able to help you if you were injured--you can give him my name.

If you weren't hurt and you want replacement value for your car, you are out of luck. The total loss is the book value of your car plus any additional equipment you had. Unless you had replacement value insurance you don't get that. But talk to Rich...
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Q: A person accused me of stealing computer they left in the bathroom. My friends said she was coked out. Can i sue her?

1 Answer | Asked in Civil Litigation, Personal Injury and Libel & Slander for Hawaii on
Answered on Jun 20, 2017

You can sue, but if they have no money, then you'll spend a lot to end up with a piece of paper that's worthless.

Suggest you look for a different place to hang out.
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Q: I currently live in California. My husband filed for divorce in HI. Do I need to go to hi

1 Answer | Asked in Divorce for Hawaii on
Answered on Jun 19, 2017

You would only need to go to Hawaii if there's a hearing scheduled. Contact the court house and find out what types of remote filing options they have - i.e. fax filing, efiling, etc. If you end up hiring an attorney, your attorney should be in Hawaii and licensed to practice there.
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Q: If you share someone's number so other people can harass that person, can you be convicted of harassment?

1 Answer | Asked in Personal Injury and Internet Law for Hawaii on
Answered on Jun 12, 2017

She could definitely be charged as she had the intent that he be harassed. She made a threat then carried it out.

Why is she invested in someone who emotionally stood her up? Doing well is the best revenge; getting into a grudge match can get her charged, wastes emotional energy, and tells him he reaslly got to her.
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Q: whats the fastest and easiest way to get out my house?

1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Hawaii on
Answered on Jun 11, 2017

You cannot do that without their knowledge, consent or permission. Family services and the court system will not help with mental abuse.
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Q: I bought a condominium apartment 4 years ago and was not informed about the existance of asbestos in the ceiling.

1 Answer | Asked in Real Estate Law for Hawaii on
Answered on May 10, 2017

Sellers have to disclose material facts that they know or should know. Dependent on what it would likely cost to remove the asbestos you can investigate if the seller should have known about it and revealed it.
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Q: Can a defendant have a public defender and a private attorney on record at the same time after sentencing?

1 Answer | Asked in Criminal Law for Hawaii on
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, described herein, yes, a defendant could end up being represented by both the PD and private counsel.
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Q: Can someone that is pretrial in Hawaii for Terroristic Threatening get out on conditional release or Rel on Recog?

1 Answer | Asked in Criminal Law for Hawaii on
Answered on May 9, 2017

The answer to your question is yes, the Defendant can be released on Supervised Release on the facts you presented, provided, Defendant's record is limited to this arrest only and is not loaded with multiple arrests for similar conduct or charges.
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Q: If someone is being convicted for drug charges class A B & C and it is the first time what are chance of no prison time?

1 Answer | Asked in Criminal Law for Hawaii on
Answered on May 9, 2017

Whether you are sentenced to prison or not will depend on too many factors to discuss in this forum. Your past criminal history, if any, is relevant to the Court's inquiry. Selling drugs v using drugs is also relevant to this issue. Conduct since arrest is also relevant. Fortunately for you, the Hawaii legislature recently passed a number of laws that might assist you in making sure you don't got to prison for drug offenses of the type you describe above. Your best bet at this time is to...
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Q: status of 20 yr.old charge terroristic threatening?can i change the wording of charge to regain access on navy base

1 Answer | Asked in Criminal Law for Hawaii on
Answered on May 9, 2017

There are two ways to possibly change the TT conviction from a TT conviction to possibly something else. There might be other ways, but my experience tells me there are two proven methods for doing what you seek to have done. Feel free to contact my office for a further consultation regarding your matter. Barry Sooalo. 808-754-5669.
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Q: If you acquire a company do you have any obligation to retain their independent contractors?

1 Answer | Asked in Mergers & Acquisitions for Hawaii on
Answered on Apr 28, 2017

If you purchase the stock of a company you are obligated to honor existing contracts. If you buy the assets of the company you can purchase the assets and limit the obligations and contracts you accept in the purchase. If the independent contractors have contracts, you have to honor those contracts. If they have termination provisions, then you or the current owner of the company can terminate them. I would have the independent contractors terminated and a release obtained by the Company...
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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?

1 Answer | Asked in Business Formation for Hawaii on
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., Delaware, which may be more efficient depending on how many series or separate LLCs you anticipate needing.
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Q: so im trying to get my green card or adjust my immigration status in the us but national visa center said i need to go t

1 Answer | Asked in Immigration Law for Hawaii on
Answered on Apr 12, 2017

In general, once you have overstayed your visa you can not change or adjust status without leaving the USA to do so. An exception is if you are adjusting through a USC immediate relative.

You are correct that if you leave the country you may be subject to a ban and you will need a waiver to return.
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Q: Hrs 286-207 exemptions certain vehicles. Part 8

1 Answer | Asked in Car Accidents, Traffic Tickets and Civil Rights for Hawaii on
Answered on Apr 8, 2017

You are missing something. The DMV doesn't agree with you. http://www.dmv.org/hi-hawaii/motorcycle-registration.php
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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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