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Hawaii Questions & Answers
1 Answer | Asked in Tax Law for Hawaii on
Q: realized error on tax filing resulting of overpayment. Used gross vs net & paid taxes on gross amt. Over period of 10yrs

How do i remedy and is it possible to claim refund of overpayment.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 13, 2020

Sure. But you will have to file an amended tax return for each of the years you say was your tax was calculated on gross income instead of net.

1 Answer | Asked in Real Estate Law and Probate for Hawaii on
Q: Who has legal rights to my late dads estate. Me as I'm his only legal daughter or my illegitimate sister?

My name is Carol im from the Philippines I am a US citizen as my dad had petitioned me to come to Hawaii before he had died. During his last days he said that he was in the US army and he had bought and paid for a home for my mom and me on the island of Hawaii. He told me to come and claim the home... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 10, 2020

Check for a Probate Action in both the County where he died and where the property lies. If no Probated Will then the Heirs At Law own the property, which should include you. You probably need an attorney to establish your title, and a Partition Sale may be necessary.

1 Answer | Asked in Elder Law, Health Care Law, Personal Injury and Landlord - Tenant for Hawaii on
Q: How do you care for the elderly in your home And Keep out Dept of Health interferes.

Rental agreement is used by a caregiver/ lessor and residents/ tenants to make it legal but now Dept of Health creates all kind of rules . How do we protect ourselves from all this.

Tim Akpinar
Tim Akpinar answered on Sep 30, 2020

A Hawaii attorney could advise best, but your question remains open for four weeks. One option, which you likely already realize, could be to sit down with a local attorney familiar with the new laws and identify issues that could arise in the future. You could also contact social workers and... Read more »

1 Answer | Asked in Contracts for Hawaii on
Q: I work for a banquet facility. Is a drawn up banquet agreement legal and binding? Will it hold up in court?
Tim Akpinar
Tim Akpinar answered on Sep 17, 2020

A Hawaii attorney could advise best, but your question remains open for two weeks. As a GENERAL matter, if a contract is valid, it should be legal and binding. If it's a standard contract that has been used for years without being challenged and it contains the requirements of a valid... Read more »

1 Answer | Asked in Health Care Law, Personal Injury and Wrongful Death for Hawaii on
Q: Hello, My 57 yr. old dad died from not having proper care from his Caretaker worker employed by Aloha Care in Hilo.
Tim Akpinar
Tim Akpinar answered on Sep 10, 2020

I'm very sorry for the loss of your father. A Hawaii attorney could advise best, but your question remains open for three weeks. You could reach out to Hawaii attorneys to discuss further. An attorney could investigate the matter further and request records for review with a medical... Read more »

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Domestic Violence for Hawaii on
Q: Is there invasion of privacy law in hawaii

I'm having Ni some with the person I. Have 21st

Tim Akpinar
Tim Akpinar answered on Sep 4, 2020

A Hawaii attorney could advise best, but your post remains open for two weeks. There most likely are such laws, as invasion of privacy is addressed in virtually every jurisdiction. It's a broad offense and can cover different wrongful acts, from disclosing sensitive information to casting the... Read more »

1 Answer | Asked in Consumer Law for Hawaii on
Q: I found a animal part inside my can of Coca-Cola that was older I drink part of it and realized had nimal part in can

Contacted Coca-Cola they're sending one free case coupon animal that looks like inside the can been freaking out for about 45 minutes now there was a f****** animal inside or some sort of leg and in my can of soda that I drink some of the liquid and spit it out and made me puke I can send you... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 22, 2020

A Hawaii attorney could advise best, but your post remains open for three weeks. In such cases, despite any distress one may experience, legal remedies tend to be based on actual damages. That generally means injuries of significance and duration/permanence, supported by medical documentation. You... Read more »

1 Answer | Asked in Medical Malpractice for Hawaii on
Q: Can you cancel a chiropractor custom care plan?
Tim Akpinar
Tim Akpinar answered on Jul 28, 2020

A Hawaii attorney could advise best, but your question remains open for a week. It's possible you could, but the more important issue might be how the agreement/contract treats such a cancellation. It could establish damages for doing something like that. You could review the contract with a... Read more »

2 Answers | Asked in Civil Litigation and Contracts for Hawaii on
Q: Can I oppose a motion to transfer from Hawaii small claims court to circuit court ?

I sued for $5,000 for failure to pay for hourly labor and equipment. He's counter suing for $96,000 , and has filed a motion to transfer to circuit court. This is for work preformed on a sailboat

Tim Akpinar
Tim Akpinar answered on Jul 26, 2020

A Hawaii attorney would be able to advise best, but your question remains open for three weeks. To remove from state court to federal district court, the party would generally need to establish a basis for subject matter in federal court. You could review the paperwork with a Hawaii attorney. That... Read more »

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1 Answer | Asked in Employment Law and Military Law for Hawaii on
Q: I have moved to South Korea with my military spouse. Can I receive unemployment benefits from the state of Hawaii?
Sabra M. Janko
Sabra M. Janko answered on Jul 17, 2020

You should speak with the Hawaii unemployment department. Each state has different provisions for unemployment and this information can be obtained from the department. It is not a question requiring the assistance of an attorney.

1 Answer | Asked in Personal Injury for Hawaii on
Q: I live in Hawaii and own several palm trees that shed their palm frond regularly. If one lands on someone am I liable
Tim Akpinar
Tim Akpinar answered on Jul 4, 2020

A Hawaii attorney could best advise, but your post remains open for two weeks. As a general premise, you could possibly be liable. Owners of trees could be liable if it is determined that they were negligent. And that element of negligence could be subject to different interpretations - failing to... Read more »

1 Answer | Asked in Business Law and Health Care Law for Hawaii on
Q: Is wearing a mask legally required in a place of business for Hawaii residents?
Tim Akpinar
Tim Akpinar answered on Jun 19, 2020

A Hawaii attorney is best qualified to answer your question, but your post remains open for three weeks. Until you are able to consult with a local attorney, the general consensus throughout the nation during this pandemic appears to support businesses requiring the wearing of masks. If you are... Read more »

1 Answer | Asked in Medical Malpractice for Hawaii on
Q: Doctor refuses to treat ADHD with medication an adult who was diagnosed but never treated as child?

If asked to justify their decision with the weighing of the potential benefits vs. potential drawbacks (as the prescribing guidelines say to do) and they refuse or don't justify their decision. What then

Tim Akpinar
Tim Akpinar answered on Jun 14, 2020

A Hawaii attorney could advise best, as state health or insurance laws could apply. However, you await a response for two weeks. As a general matter, without regard to jurisdiction, it does not appear to be a matter of medical malpractice, unless the refusal constitutes a beach of duty of medical... Read more »

1 Answer | Asked in Personal Injury for Hawaii on
Q: what can I do if i got hit and a broken toe by someones 70mph RC car that they were racing on the street?

When we arrived at the mechanic, the workers were all out of the street racing RC cars that reach up to 100mph. My friend and I, who were waiting to pick up his truck were on the side watching them. They were drinking beers as well. They agreed to one more race and as they were coming back at a... Read more »

Tyler Young
Tyler Young answered on Jun 11, 2020

This sounds like a classic case of "negligence." The question is whether the person driving the RC car has assets to cover your claim. He/she, or the business, certainly may have insurance to cover this. You should consult a personal injury attorney in Hawaii to, among other things,... Read more »

1 Answer | Asked in Criminal Law for Hawaii on
Q: What would be the charge for getting a Emergency order citation
Michael Fayard
Michael Fayard answered on Jun 2, 2020

127A-29 violations are generally misdemeanors with the maximum punishment of a $5000 fine and a year in jail. These charges also have the right to a jury trial. See https://www.fayard-law.com/maui-criminal-defense/maui-127a-29/ for more info

1 Answer | Asked in Employment Law for Hawaii on
Q: so my dad got ticket 127a-25 but he just came from work

my dad just came from work then when he just driving back to home he get full over the the cops gave him ticket about 127a-25

Maurice Mandel II
Maurice Mandel II answered on May 30, 2020

That is just horrible, so sorry to hear this. But even if your dad was driving a company vehicle, the company is not usually responsible for moving traffic violations, it is the responsibility of the driver to comply with the traffic laws.

You should consult an employment attorney in your...
Read more »

1 Answer | Asked in Criminal Law for Hawaii on
Q: What is the code to a lawyer by entering the number associated with that particular attorney called

where do I find these numbers to look up a specific attorney??

Michael Fayard
Michael Fayard answered on May 26, 2020

Do you mean bar number? If so, you can find that on the state bar association’s website (Hawaii is HSBA.org). And then you can search by attorney name. Other states allow searching by different parameters.

1 Answer | Asked in Uncategorized for Hawaii on
Q: I was planning on getting married may 2, 2020. We decided to postpone it due to corona virus. We did put a deposit down.

I asked for a refund, officiant said it is non refundable. I just want to know if there’s a way to get it back.

Tim Akpinar
Tim Akpinar answered on May 25, 2020

A Hawaii attorney could answer best, as your options or remedies could involve state law. But you await a response for three weeks. These situations, as a general matter, will be determined by the terms of the agreement - definitions, contingencies, handling of deposits, etc. Without seeing the... Read more »

1 Answer | Asked in Contracts, Government Contracts, Intellectual Property and Land Use & Zoning for Hawaii on
Q: Can I hire a paralegal instead of a lawyer for a lawsuit
Tim Akpinar
Tim Akpinar answered on May 23, 2020

Someone familiar with the rules governing paralegals in Hawaii should answer your question, but your post remains open for four weeks. As a general matter without regard to jurisdiction, paralegals can perform many functions, such as research, preparing forms, investigating claims, etc. Paralegals... Read more »

2 Answers | Asked in Copyright and Intellectual Property for Hawaii on
Q: Am I able to write a book to teach towards an industry certification without permission of the owning organization?

The certification is owned by CompTIA. I'd like to write it explicity for the Security+ exam (completely in my own words of course).

Bill Hulsey
Bill Hulsey answered on May 19, 2020

Usually, yes.

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