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Hawaii Questions & Answers
1 Answer | Asked in Uncategorized for Hawaii on
Q: My truck got towed from kewalo boat harbor in honolulu Hawaii. Theres no tow away signs posted anywhere. What can I do?

I'm having a hard time getting it back because of expired registration

Tim Akpinar
Tim Akpinar answered on Oct 8, 2019

You could get the best input from an attorney in Honolulu, but your question is open for a week and your truck could be incurring storage fees by the day in a municipal tow pound. And you already identified the issue as the vehicle registration. Concentrate efforts on that. In terms of the signage,... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and Immigration Law for Hawaii on
Q: My brother was deported to the Philippines due to criminal activity. Can he come to Hawaii for our older brother funeral

Youngest brother was not a U.S. citizen and he was in a Federal Prison for less than a year prior to his deportation.

Gary Kollin
Gary Kollin answered on Sep 26, 2019

He would need permission from the federal government. You can apply

1 Answer | Asked in Probate for Hawaii on
Q: How do I enforce a last will and testament
Nina Whitehurst
Nina Whitehurst 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.

1 Answer | Asked in Wrongful Death for Hawaii on
Q: My dad pass away on April 2019 from falling on federal property post office and due to his death the put up lights

Where he had pass away at die from broken spin injuring there only two way u can that either in massive car accident or a massive fall Our world not been the same so now we have no parents living no more I

I still see him laying there on ground every night and wish to see if I have case

Ronald Dean Gresham
Ronald Dean Gresham answered on Sep 13, 2019

I am sorry to hear about your Father's death. Any claim against the federal government would be governed by the Federal Tort Claims Act. You can read about the Act here:

https://www.justia.com/injury/federal-tort-claims-act-ftca/

1 Answer | Asked in Immigration Law for Hawaii on
Q: I, us citizen in Hawaii, and my spanish partner are tobe married. How soon can she move to us and what do we need todo?

We would like to know what her pathway to residency and work in Hawaii will look like once we are married, and how long the processes will take. I've heard that unique laws exist for this circumstance in HI.

Stephen Arnold Black
Stephen Arnold Black answered on Sep 1, 2019

If you are a US citizen, then you can sponsor your fiance for a K1 visa and then when she enters Hawaii, you must marry within 90 days, after which she can adjust status to obtain her LPR. A lawyer should be retained to handle the case and said lawyer can be anywhere in the USA. Counsel begins the... Read more »

1 Answer | Asked in Tax Law for Hawaii on
Q: If we are making payment and are keeping up with payment plans can the state garish my personal paycheck.

Business no longer making income for pass 5 years

D. Mathew Blackburn
D. Mathew Blackburn answered on Aug 29, 2019

When you setup an installment agreement that stops the garnishment, however it frequently happens that the paperwork is not processed correctly and the garnishment does not stop, If that's the case contact your employer to see if they are processing it and if they have not received any paperwork... Read more »

2 Answers | Asked in Land Use & Zoning, Real Estate Law and Probate for Hawaii on
Q: my great great uncles deceased, owned some land on the north shore of Oahu. Where and how can I show documents.

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.

Nina Whitehurst
Nina Whitehurst 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.

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1 Answer | Asked in Public Benefits and Social Security for Hawaii on
Q: I am 56 yr male. I have been butcher for 33 years,only profession I know. Have glaucoma for 15 years. Take 4 medicines

Daily. Right eye 20/200 with 70% loss of vision. Left eye 20/50 with 60% vision loss. Can I qualify ssdi

Tim Akpinar
Tim Akpinar answered on Aug 22, 2019

An attorney who deals with SSDI matters (and who could hopefully give you meaningful direction here) would have better chances of picking up your question if you added a couple of categories, or reposted. Try adding "Social Security" and "Public Benefits" to your categories. Or you could also... Read more »

1 Answer | Asked in Civil Litigation for Hawaii on
Q: Is it against the law to be on the beach in honolulu. Hi at anytime of the day in honolulu. Hawaii
Tim Akpinar
Tim Akpinar answered on Aug 17, 2019

If the person has the right to be on the beach during the hours it is open to the public or to residents and isn't violating any beach/park regs, it would seem to be within the law. Good luck

Tim Akpinar

1 Answer | Asked in Consumer Law and Contracts for Hawaii on
Q: I financed my vehicle through a dealership that was in cahoots with the financing co. In 2014. W/ 3 lawsuits

I have kept all my paperwork, payments everything and I recently found that 4 different states filed class action lawsuits against santander at least 3 of the, describe my situation and I can prove it all

Can I too file a lawsuit against the financing co and/or the dealership for the 1... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 30, 2019

If you really found four different states that filed class actions against a dealership, three of which sound like they are after the same relief you are you may have more (and cheaper) options than trying to sue them yourself. Try calling one of the law firms involved in the three similar cases.

1 Answer | Asked in Agricultural Law for Hawaii on
Q: Hello how can I prove my agriculture structure is out of the flood plain near a stream based on its height? Thank you

The structure is elevated but close to a stream. I know there are provisions for this but I can't seem to find the information I need.

Tim Akpinar
Tim Akpinar answered on Jul 28, 2019

This question generally arises in connection with flood insurance. A starting point could be to coordinate with your insurance carrier what their requirements include. This could involve an elevation survey, but before making that expenditure, learn what the requirements of your insurance carrier... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Hawaii on
Q: How often can a landlord access a tenants home before it's considered abusing their rights to enter?

I've been living in the residence for 9 mo and the owner has decided to sell. I have 3 months left on my contract and the owner all ready has 3 private viewings and an open house planned this week. In addition, the real estate agent hired by the homeowner plans on having an open house every other... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 8, 2019

Reading between the lines of this question it appears clear that you were told upfront that the owner was going to sell the house they rented to you--because your lease has a clause in it that specifically authorizes the owner to show the place to prospective buyers. Turning to the several... Read more »

1 Answer | Asked in Tax Law for Hawaii on
Q: Can State of Hawaii file a tax lien for unpaid GE Tax for a corp tax due. Tax lien filed in my Name personally

If so, then all presidents of corporation are personally responsible for all debts due from corporation. So a corporation such as me how Corp went bankrupt the president of that corp is personally responsible to distribute funds from personal finances to pay creditors?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 20, 2019

Based upon your example, it is clear that your understanding of state tax law is incorrect. Consult a CPA or tax lawyer.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Hawaii on
Q: Can an appeal be reversed and how many days do I have for a writ? Can the appeal be dismissed? Case be retried?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 20, 2019

You have stated no operative facts and asked four very different questions--all of which collectively might require a lawyer several hours to figure out and try to respond. No thanks.

1 Answer | Asked in Car Accidents for Hawaii on
Q: I drove into a main road from a public driveway and a car going too fast sideswipped my car.

On July 27 2018, I turned onto a main roadway to go north from a public driveway and a driver who were coming from a hill top curve (south) around 35-40mph side swooped my car. The speed limit in that area is 25mph. After assessing damages, I verified my insurance policy which showed good through... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 17, 2019

See if you could arrange a quick consultation with a Hawaii accident attorney to give the file a once-over. Unfortunately, you were entering a main road and without evidence in terms of video images, skid marks, eyewitness testimony, it could be difficult to support your assertions about the speed... Read more »

1 Answer | Asked in Consumer Law, Real Estate Law and Tax Law for Hawaii on
Q: Can I legally charge a finders fee to help someone claim an escheat check?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 7, 2019

I would not try to do that unless you are a lawyer or otherwise have financial services credentials or debt collection credentials issued by Hawaii.

1 Answer | Asked in Divorce and Family Law for Hawaii on
Q: How will the following look to a judge.

How will it look to a judge that my son is paying a monthly amount to his wife who has walked out on him and four children? My daughter-in-law left in January and has little to do with the family. However, she drives the kids to school each morning and when our son needs to be out of town, she... Read more »

Don F. Harris
Don F. Harris answered on Jun 6, 2019

First, if he is in he military, he is likely required to support his spouse by the military so long as he is married. I have had my military male clients get reported by the separated wife to his chain of command for not supporting her, and it has caused my clients problems.

Second, I tell...
Read more »

1 Answer | Asked in Consumer Law and Banking for Hawaii on
Q: I was scammed; I need a consultation on Regulation E.

I was tricked into wiring money from my bank in Hawaii to a bank in New York. The FBI says I will not get my money back; the account at the bank in New York has been closed. I have other agencies working on recovering it but I don't have much hope. At this point, I am interested in paying an... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 6, 2019

If it helps at all, you should know that you are among many thousands of working Americans and retirees who have recently sent vast sums of money to strangers who promised "really great earnings" on their "investment." The FBI cannot possibly keep up with all the thieves. Moreover, since two... Read more »

1 Answer | Asked in Contracts, Lemon Law and Products Liability for Hawaii on
Q: I bought a car from a seller (LLC) and same day found defects he did not disclose, that I believe were known.

The seller and I both signed a bill of sale that stated the seller will disclose any known issues that would affect the condition or drive-ability of the vehicle. He did show an external fan switch but claimed it was due to "common fan problems in jeeps". The seller claimed "no overheating issues"... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 28, 2019

You certainly have enough reason to want to sue the seller; However, since it sounds like the car you purchased was made for off-road operation, I am certain that the seller will dispute everything you said and will blame the breakdown on your "driving (the Jeep) at freeway speeds for an extended... Read more »

1 Answer | Asked in DUI / DWI, Personal Injury and Car Accidents for Hawaii on
Q: Can I sue someone for a hit and run in Hawaii where its a no fault state when they fled the scene after hitting us?

We were making a left hand turn on a green light when a car came out of nowhere and ran a red light at a speed of at least 50mph. They T-boned our car and we spun out before bouncing off of a pole on the other side of the street and then finally coming to a stop. I and my sister had to be extracted... Read more »

Tim Akpinar
Tim Akpinar answered on May 26, 2019

Contact a personal injury in Hawaii immediately. You have probably already notified your own insurance carrier; have your attorney place them on notice of an uninsured motorist claim. It sounds like it was a busy post-accident scene that involved a police response, as there were EMTs. Your attorney... Read more »

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