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Hawaii Probate Questions & Answers
2 Answers | Asked in Probate, Estate Planning and Public Benefits for Hawaii on
Q: Need proof of relationship to deceased mother for financial matters.

My mom passed away in 2016 in Honolulu, Hawaii, without leaving a will. I need a letter to prove I am her daughter for matters related to her financial property, specifically her employment benefits or assets. No legal proceedings have been initiated for her estate, and I am unsure if there are... View More

Anthony M. Avery
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answered on May 14, 2025

You need an HI attorney to help you make proper written demands. Recording an Affidavit of Heirship and supplying a death and birth certificates would definitely help. However those kind of assets probably went to her designated beneficiary, and suing the administrators (actually legally... View More

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2 Answers | Asked in Estate Planning and Probate for Hawaii on
Q: My Father died and my step mom is now the owner of the house from what I understand does that mean she can cut me out
Ora Schwartzberg
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Ora Schwartzberg
answered on Apr 21, 2025

You need to find out whether the house was owned with your father as a joint tenant or a tenant in common. If it was in a joint tenancy, you would have not interest in the property. If they own the home as tenants in common, there is a possibility that you have an inheritable interest, especially... View More

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1 Answer | Asked in Probate and Real Estate Law for Hawaii on
Q: Can I obtain ownership of my grandparents' house if my uncle lives there and no heir is named?

I want to take ownership of my grandparents' house, but my uncle currently lives there. My grandparents passed away without naming any specific heir or owner, and no legal actions have been initiated or agreements made within the family. How should I proceed with obtaining ownership of the house?

James L. Arrasmith
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answered on Oct 17, 2025

It’s understandable to want to preserve your grandparents’ home, especially when it carries family history and sentimental value. Since they passed away without a will, their property likely became part of what’s called an “intestate estate.” This means the house would be divided... View More

1 Answer | Asked in Family Law, Probate, Wrongful Death and Personal Injury for Hawaii on
Q: What rights do I have regarding funeral arrangements, son's assets, and visiting grandson in Hawaii?

My son tragically passed away in Hawaii while going through a divorce due to his wife's infidelity. We are still unaware of whether he left a will or other legal documents concerning his estate. Custody for his son was still being negotiated at the time of his passing. As his father, what... View More

James L. Arrasmith
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answered on Oct 17, 2025

I’m so sorry for your loss. In Hawaii, when a person passes away without a will, the law determines who has authority over funeral arrangements and the estate. The **next of kin**, usually the surviving spouse, has priority to make funeral and burial decisions unless your son specifically named... View More

1 Answer | Asked in Probate, Foreclosure, Tax Law and Real Estate Law for Hawaii on
Q: Foreclosure fees dispute during probate condo sale closing in Hawaii.

I am closing on my deceased brother's condo in probate in Hawaii. While completing the sale, I've been summoned for a foreclosure complaint without notice of default, despite having a sales contract in escrow. The mortgage company has listed $9,000 for "allowable" in their... View More

James L. Arrasmith
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answered on Sep 19, 2025

You should first ensure that the condo sale closes as scheduled, because delaying the sale could complicate probate administration and distribution to heirs. You can note in your records that you dispute the \$21,000 foreclosure fees and that only \$9,000 appears “allowable,” keeping all... View More

2 Answers | Asked in Probate and Civil Litigation for Hawaii on
Q: What can we do if my sister filed probate without informing of all descendants?

My parents passed away with a property deeded solely to them and no will or survivorship attached. My sister initiated a probate process but didn't inform the court of the five remaining descendants. She has filed the petition under her name as the only descendant and plans to sell the house.... View More

Anthony M. Avery
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answered on Sep 18, 2025

Hire an HI attorney to represent you all in the probate court. Apparently you know where the Court is but have done nothing. Move to remove her as administratrix for cause.

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1 Answer | Asked in Probate and Civil Litigation for Hawaii on
Q: Executor keeps $70,000 from estate meant for beneficiary mother.

My brother, who is the executor of another brother’s estate, kept $70,000 meant for our mother, the beneficiary. He claims our mother did what she wanted with the money, but has not provided documentation to support this claim. No final accounting has been given, and no legal action has been... View More

James L. Arrasmith
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answered on Sep 8, 2025

The first step is to formally request a full accounting from the executor in writing. This should include all transactions, distributions, and documentation showing how the \$70,000 was handled. Keep copies of your request and any responses for your records.

If the executor refuses or... View More

1 Answer | Asked in Probate and Real Estate Law for Hawaii on
Q: Can a sibling claim properties without consent if the deed states shared ownership?

My mother passed away over a year ago, leaving two properties behind for me and my two siblings. We haven't transferred them into our names yet, and one sibling is attempting to claim both properties for himself, even though there is a deed stating they should be shared among the three of us.... View More

James L. Arrasmith
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answered on Aug 31, 2025

No, your sibling cannot simply take the properties without your consent. Since the deed clearly states that the ownership is to be shared, each of you has legal rights to those properties. Until the estate is formally transferred, the properties remain part of your late mother’s estate and must... View More

1 Answer | Asked in Probate and Real Estate Law for Hawaii on
Q: How to handle probate for property title transfer?

I am facing challenges with transferring the title of a property to my name, as it seems to require going through the probate process. Could you provide guidance on what steps I need to take to address this issue and successfully complete the title transfer?

James L. Arrasmith
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answered on Jul 19, 2025

If the property wasn’t placed in a trust or jointly owned with rights of survivorship, then probate is usually required to legally transfer the title. You’ll need to start by filing a petition with the probate court in the county where the property is located. The court will then appoint a... View More

1 Answer | Asked in Civil Litigation, Probate, Real Estate Law and Civil Rights for Hawaii on
Q: How can I legally address harassment and false claims about property ownership in Hawaii?

My brother, who had a mental disability, and I have lived on my late mother's property in Hawaii, which she assured me would be mine and that I should care for my brother. After my mother's passing in 2013, another brother, along with several cousins, tried to remove us using a writ of... View More

James L. Arrasmith
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answered on Jul 10, 2025

You’ve endured an incredibly painful and drawn-out struggle, and it’s not right that you've been left to defend yourself while grieving both your mother and your brother. The first legal step is to get clarity on the probate status of your mother’s estate. If the will and trust name you... View More

2 Answers | Asked in Probate, Real Estate Law and Tax Law for Hawaii on
Q: What happens to a house in Hawaii when owners pass away without a will or funds for probate?

My family members who owned a house in Oahu, Hawaii, have all passed away, and I cannot find a will. Their only child also passed away. There are outstanding property taxes and utility bills for the property. I cannot afford a lawyer or the probate court process. What will happen to the house, and... View More

Blake Goodman
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answered on Jul 6, 2025

Are you on heir by law? What is your relationship to the deceased? I'm only a bankruptcy attorney, not a probate attorney. But if the house is being foreclosed on by some entity with a lien on it, any person entitled to inherit the property could file a bankruptcy. The ch. 13 bankruptcy would... View More

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1 Answer | Asked in Health Care Law and Probate for Hawaii on
Q: Hawaii MERP lien coverage and post-death implications?

I have a question about Hawaii's Medicaid Estate Recovery Program (MERP). Is the Medicaid lien applicable to all money paid out for any and all covered expenses, or is it limited to long-term care and cases involving fraud? Additionally, I'm interested in understanding how this lien... View More

James L. Arrasmith
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answered on May 15, 2025

In Hawaii, the Medicaid Estate Recovery Program (MERP) can seek repayment from the estate of a deceased Medicaid recipient for certain services paid for by Medicaid. The lien is not applied to every Medicaid payment—it is generally limited to long-term care services provided to individuals who... View More

1 Answer | Asked in Divorce, Probate and Collections for Hawaii on
Q: Can I collect owed amounts from deceased ex-husband's estate in Hawaii?

I am trying to collect what was owed to me according to my divorce decree with my ex-husband, who passed away 1.5 years ago. The decree specified that he owes me for a car, a piece of property we were supposed to split profits from, and alimony. His mother is the executor of his estate, and I... View More

Blake Goodman
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answered on Feb 18, 2025

I'm sorry, I'm just a bankruptcy attorney. You need an estate attorney to answer your question.

Aloha, Blake Goodman

1 Answer | Asked in Estate Planning and Probate for Hawaii on
Q: Put our home in a Hawaiian not calif trust so that it won’t go thru probate?

Our banker told us to put the home in a Hawaiian trust (not calif ) so the home would not go thru probate? What is the simplest way to achieve this goal?

Kelly LaPrade
Kelly LaPrade
answered on Nov 27, 2023

Aloha,

To change ownership in a property located in Hawaii generally the current owners would convey the property in a new deed to the trustee of the trust. This answer assumes a few pieces of information which would need attorney verification. Thank you

1 Answer | Asked in Probate for Hawaii on
Q: If a sibling created a false will and named himself executor what can I do to make things right
Nina Whitehurst
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answered on Dec 7, 2022

You need to hire an attorney to contest the will. If you don't, it will be accepted by the probate court and will be administered per its terms.

1 Answer | Asked in Probate for Hawaii on
Q: How do you know if a deceased parent had a will, or life insurance?

Also a deceased parent estate, and assets, where to find this information.

Kelly LaPrade
Kelly LaPrade
answered on Oct 9, 2022

You should check at local banks to find out if the decedent had a safe deposit box. Most banks will allow access for the purposes of looking for a Will. Look through the decedent’s files and mail.

If you do not have access you may need to contact a lawyer to determine if you can be... View More

1 Answer | Asked in Real Estate Law and Probate for Hawaii on
Q: My husbands ex fiancé won’t sign the quit claim deed for the house....

She left him a year after they purchased the house. She moved off island. She has never paid the mortgage or anything. He and I have been together for 8 years now, living in the house. He and I have a child together and are married. If anything were to happen to him or me, we want to make sure our... View More

Nina Whitehurst
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answered on Jan 2, 2021

If you can’t get her to agree to some kind of voluntary settlement then you will need to bring a quiet title lawsuit against her.

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... View More

Anthony M. Avery
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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 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 Probate for Hawaii on
Q: Application from informal appointment of personal representative without will

Served today, dad passed 2012, wife put restraining order and wasn't able to pay for probate to fight for our dad's property back

Nina Whitehurst
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answered on Dec 21, 2019

Your post contains only statements of fact, no question capable of being answered. Please repost in the form of a question.

Please understand, however, that this forum is for questions of a general nature. If you need help with your individual facts and circumstances, usually a... View More

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