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Hawaii Probate Questions & Answers
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... Read more »

Nina Whitehurst
Nina Whitehurst 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... 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 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
Nina Whitehurst 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...
Read more »

2 Answers | Asked in Probate for Hawaii on
Q: power of attorney was given to me by my nephew who has since passed away. Does his death mean the POA is invalid?
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 25, 2019

A power of attorney usually dies with the person.

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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.

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 Real Estate Law, Civil Litigation, Patents (Intellectual Property) and Probate for Hawaii on
Q: what does sui juris mean

Hawaii court action to eject tresspassers now say theyhave a trust and interest Hawaiian land laws kuleana lands form served below district courtheading says (per organic act 1900 sec 75 a substitution of the Hawaiian Postal Savings Bank) ? state of Hawaii im plaintiff he is asking for... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Apr 23, 2017

The answer to your specific question is Sui Juris means 'of age' and is usually referring to beneficiaries of a will or trust -- all of them are now 'of age' and can represent themselves, as opposed to a minor who would need someone to represent his interests. The REMAINDER of... Read more »

1 Answer | Asked in Probate for Hawaii on
Q: If a surviving spouse is left out a will, are that allowed to "take against the will" and what will they get?
Ben F Meek III
Ben F Meek III 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... Read more »

1 Answer | Asked in Criminal Law, Family Law, Real Estate Law and Probate for Hawaii on
Q: My dad pass away 2 years ago in his house in Hawaii with my stepmother. The house is already paid off. They have a will

And my dad still have living siblings. Also I would like to open a case for my dad. Need your help.

Richard Samuel Price
Richard Samuel Price answered on Jan 13, 2017

If your dad lived in Hawaii when he passed, then a probate action would be brought in Hawaii. You may want to repost your question under Hawaii.

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