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Hawaii Questions & Answers
1 Answer | Asked in Criminal Law for Hawaii on
Q: status of 20 yr.old charge terroristic threatening?can i change the wording of charge to regain access on navy base

HRS 831-3.1

Barry Lloyd Sooalo
Barry Lloyd Sooalo
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... View More

1 Answer | Asked in Mergers & Acquisitions for Hawaii on
Q: If you acquire a company do you have any obligation to retain their independent contractors?
Jonathan R. Roth
Jonathan R. Roth
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... View More

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... View 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... View More

1 Answer | Asked in Business Formation for Hawaii on
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?

In an Series LLC, the business and assets of each series can be managed and operated separately (can have separate owners/mgrs, separate operating agreement that specifies a separate division of profits and losses, even separation of legal liability between each series w/i an LLC. Apparently a... View More

Jason Braswell
Jason Braswell
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.,... View More

1 Answer | Asked in Immigration Law for Hawaii on
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

i need to go to my hometown us embassy and obtain my iimigrant visa there but im already in the states, is there a way i can do it here without haing to travel back because i might get a ban since my visa expired????

Kyndra L Mulder
Kyndra L Mulder
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...
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1 Answer | Asked in Car Accidents, Traffic Tickets and Civil Rights for Hawaii on
Q: Hrs 286-207 exemptions certain vehicles. Part 8

Does this mean I don't have to register,license, and insure my automobile? Thank you

Peter N. Munsing
Peter N. Munsing
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

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... View More

1 Answer | Asked in Car Accidents and Personal Injury for Hawaii on
Q: If accident location is HI but an out of state policy is applicable to the claim, do the Hawaii Statutes override policy

Washington policy with Hawaii loss. Need to confirm that Hawaii Revised Statutes override the policy provisions. Ex: can we apply the 30 day chiro/naturopathy/acupuncture limitations within the statute even though there is no limitation within the Washington policy, since the loss happened in the... View More

Peter N. Munsing
Peter N. Munsing
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... View More

1 Answer | Asked in Estate Planning for Hawaii on
Q: Can I file an amendment to my revocable living trust with out my lawyer as long as it is notarized
Kenneth V Zichi
Kenneth V Zichi
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...
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2 Answers | Asked in DUI / DWI for Hawaii on
Q: If I am charged with a DWI will I lose my license when I go to court?
Stephen Bilkis
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Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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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1 Answer | Asked in Business Formation, Business Law, Contracts and Personal Injury for Hawaii on
Q: Do I need to have insurance if my online personal training client signs a liability release form and informed consent?

I am starting an online personal training and nutrition programming business, I am wondering which legal documents are required to protect me and if I need insurance if I have the client sign the correct documents.

Peter N. Munsing
Peter N. Munsing
answered on Feb 6, 2017

I hope you had a professional in insurance defense look at your release and waivers. The problems inherent in your business if you are doing nutrition, excercise, don't necessarily review doctor reports, especially if you don't have a degree in either are daunting. Insurance, being a... View More

1 Answer | Asked in Traffic Tickets, Car Accidents, Military Law and Small Claims for Hawaii on
Q: Someone is accusing me and my fiancé of crashing into their car. We weren't there and they have no actual proof.

They are posting it everywhere on Facebook and getting people to attack us. The person who crashed into their parked car left a note and the number isn't my fiancé but somehow brought them to his Facebook account. What should we do?

Peter N. Munsing
Peter N. Munsing
answered on Feb 2, 2017

Notify your insuance to be on the safe side. Have an attorney draft a cease and desist letter. They can also give you a couple of short sentences you can respond to. If they aren't getting a rise out of you, sooner or later they will find something else.

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.

1 Answer | Asked in Child Custody and Child Support for Hawaii on
Q: In the state of Hawaii, can a non-custodial parent relinquish their rights to children and not pay support?

non-custodial parent does not see children unless mother says yes. Total days seen in 2016=4. Father was unable to keep visitation schedule made by mother because of work schedule and children's school/sport schedule and children live 24.5 miles approximately a 2 hour drive to and from. Mother... View More

Gavin Kazuo Doi
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Gavin Kazuo Doi
answered on Dec 15, 2016

The brief answer is that a non-custodial parent cannot relinquish/terminate their rights to their child, nor their child support obligation. The only two exceptions would be (1) the State (through Child Welfare Services/Department of Human Services) terminates the parent's rights to the child... View More

2 Answers | Asked in Employment Law, Personal Injury, Insurance Defense and Business Law for Hawaii on
Q: Is licensure required to practice Biomechanics, particularly Forensic Biomechanics, in the state of Hawaii?
Peter N. Munsing
Peter N. Munsing
answered on Aug 16, 2016

Depends on what the person is doing. For many aspects of engineering you don't need to be a licensed P.E.

As to "forensics" that will depend on whether a Court recognizes the individuals training, experience and background.

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1 Answer | Asked in Wrongful Death for Hawaii on
Q: my minor son will be getting a structured setement in the state of hawaii for the wrongful death of his father

we live in nevada now and im wondering if i can set up the trust here in nevada.? i have not accepted any of the proposals yet.

Peter N. Munsing
Peter N. Munsing
answered on Jul 22, 2016

That would make sense.You may want to set it up so that he doesn't get all the money by age 18, if the Court(s) will let you do that. Talk to an attorney who handles family law matters.It shouldn't be that expensive, so paying them per hour may make the most sense. Then when it's... View More

1 Answer | Asked in Immigration Law for Hawaii on
Q: If a permanent resident who has lived in the US for 5 years, and who has a petition in for their 3 unmarried children,

(one soon to be married) to come to the US, becomes a US citizen, will the change in immigration status of the petitioner affect the standing of the petition in regards to validity and place in the queue?

Shan Dimitris Potts
Shan Dimitris Potts
answered on Jun 29, 2016

Yes, your case will be automatically updated but it takes time for it to be done automatically. If you update your status yourself the process will be much faster. And the priority dates will also change after you become a U.S citizen.

All the best.

-Shan Potts

Like our...
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1 Answer | Asked in Immigration Law for Hawaii on
Q: hello my name is machiko, im half japanese. i tried applying for f1 visa before my j1 visa expired. i was denied

now my question is will i have a ban because my i-94 expired before i received the result of the status. im staying in hawaii while waiting for the result

Shan Dimitris Potts
Shan Dimitris Potts
answered on Jun 21, 2016

You usually have 60 days to leave the country after your I-94 expires. If it has been more than 60 days since your visa expired, you may have a ban.

All the best.

-Shan Potts

Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez...
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1 Answer | Asked in Criminal Law for Hawaii on
Q: I have heard that if I am pulled over for a suspected DWI I can refuse a breathalyzer test. Is this true?
Stephen Bilkis
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Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 11, 2016

You do have a right to refuse a breathalyzer test, but the question is whether it is worth your while. By refusing the test, you can wind up being charged with your refusal (even if you are found not guilty for the DWI).

This is because when you obtained your license, you automatically...
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1 Answer | Asked in Business Law for Hawaii on
Q: I believe I was wrongfully removed from an LLC without my knowing. I was a 50% member of the LLC. What are my options?
Adam Studnicki
Adam Studnicki
answered on Feb 4, 2016

Talk to a local business litigation lawyer about the details.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to...
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