As a trustee, I need to distribute the property equally. He is one of the beneficiaries but he unable to buy out the others' share of the property. As a trustee, can I evict him to be able to sell the property and equally distribute the proceeds to each of the beneficiaries? He used to pay... View More
answered on Jan 8, 2024
As a trustee, your primary obligation is to manage the trust's assets in the best interest of all beneficiaries, following the terms of the trust. If the trust's goal is to distribute the property equally and your sibling, a beneficiary, is living in the house without contributing to its... View More
answered on Dec 17, 2023
If you're concerned that the Attorney General is not addressing issues with nonprofits serving the homeless, there are several steps you can take. First, document your concerns clearly and comprehensively. This should include specific instances of the issues you've observed, along with... View More
For the past 13+ years my x-husbands wife has been spoofing my phone number & writing crazy sounding messages, as me, to my parents, bosses, landlords & posed as me when she called my bank to obtain checks to my equity line which she proceeded to steal $171,000.00 for herself by giving my... View More
answered on Dec 5, 2023
Your situation involving identity theft and spoofing by your ex-husband's wife is both serious and legally complex. The first step is to gather as much evidence as possible. This includes phone records, messages sent, and any other documentation that can help establish a pattern of behavior.... View More
2 times in one day in custody detectives came and first one I told I never got my miranda rights read to me. she pulled out a paper with 3 check boxes 1. want to discuss the case I (*checked NO). 2 I don't remember but checked no. 3 was I want a lawyer(*checked YES) then initial she told me... View More
answered on Nov 28, 2023
What you did was assert your rights under the United States Constitution and the Hawaii State Constitution. Assertion of your rights does not constitute a statement, and, in a trial, that assertion cannot be used against you as evidence of guilt.
Typically, if you are advised of your... View More
answered on Dec 4, 2023
To regain a trademark that was previously in your name, the first step is to understand how and why the trademark is no longer under your ownership. If the trademark was inadvertently abandoned or transferred to someone else, the specific circumstances will dictate the course of action.
If... View More
I have unpaid debts and owe money to my former landlord from my business which lost a lot of money during COVID and never recovered.
answered on Nov 15, 2023
Filing for bankruptcy is a significant decision that depends on various factors. If your debts are overwhelming and you can't foresee a way to pay them off, bankruptcy might be a viable option. It can offer relief from debt collectors and provide a fresh start. However, it's important to... View More
There is this person who I've had words with that often times starts arguments from nothing, i.e. minding my business than they show up to yell about something. If I've had history of this person being verbally aggressive to start fights, can I use an airhorn as a way to fend them off?
answered on Nov 12, 2023
You are better off filing an ex Parte Petition for a Temporary Restraining Order, pursuant to Section 604-10.5 of the Hawaii Revised Statutes.
Once filed, and, if granted, follow through with service and attend the court hearing.
The self-help center of your local courthouse can... View More
A repo person opened up our gate (signs of no trespassing was visible), drove onto our property and towed our car off our property while we were home. No permission to come onto our property was given.
answered on Nov 9, 2023
Under Hawaii law, a repo person generally cannot trespass onto private property or break into a locked gate to repossess a vehicle. Some key points:
- Hawaii Revised Statutes §480-13 prohibits trespass by a repo agent to effectuate a repossession, except with express permission from the... View More
answered on Oct 13, 2023
There is no legal limit on the number of diazepam pills a person can possess in Hawaii. However, diazepam is a Schedule II controlled substance, which means that it has a high potential for abuse and addiction. As a result, it is important to only possess diazepam if you have a valid prescription... View More
What is the revised status for a gas powered leaf blower to be used every mourning at 10am mon-sat blowing mostly dust and dirt very little leaves. What are my rites as a resident within 50 feet of my apartment.
answered on Oct 15, 2023
Laws regarding the use of gas-powered leaf blowers vary widely depending on the specific jurisdiction, city, or even neighborhood regulations. Generally, local ordinances or regulations govern the use of leaf blowers, including their operating hours and noise levels. It's essential to consult... View More
Until a year after the next annual meeting of owners in February 2024.
answered on Sep 27, 2023
Board of Directors (BOD) appointments in a condominium are generally guided by the association's bylaws and applicable state laws. If the bylaws permit the BOD to appoint someone until the next annual meeting, this could be permissible. However, this would need to be cross-referenced with... View More
How can I get charges dismissed
answered on Sep 24, 2023
There are situations in life where an attorney is not a luxury, but a necessity. This is one of those times as Unauthorized Control of a Propelled Vehicle in Hawaii is a serious felony. Based on your question you may have a potential defense (Lack of intent) that may be worthwhile to discuss with... View More
Existing 7 lot subdivision with 4 lots built on. The original developer kept on large lot planning to subdivide in phase II. Newly created lots would be similar size about 5 acres. HOA recently added a new CCR stating no lot could be subdivided.
answered on Aug 24, 2023
In Hawaii, homeowners associations (HOAs) generally have the authority to establish and enforce certain rules and restrictions through their covenants, conditions, and restrictions (CCRs). However, whether an HOA can pass new CCRs to prevent the subdivision of land that was previously allowed by... View More
answered on Aug 16, 2023
In Hawaii, as in many states, the use of video recordings without consent can be a complex legal issue. While laws can vary, generally speaking, recording someone without their consent in situations where they have a reasonable expectation of privacy may raise legal concerns.
answered on Aug 6, 2023
To determine if "Splash Bag" is trademarked, you should conduct a thorough search of the United States Patent and Trademark Office (USPTO) database or other relevant sources to check for existing registrations or pending applications for the term "Splash Bag." This search will... View More
Q: “Since your interview, have you been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance, including traffic violations?”
I got cited couple months ago for having expired insurance, but when I attended the court date they... View More
answered on Jul 10, 2023
Supplemental response: if the question is: "Q: “Since your interview, have you been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance, including traffic violations?” you should answer truthfully. You have been cited, if it... View More
Q: “Since your interview, have you been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance, including traffic violations?”
I got cited couple months ago for having expired insurance, but when I attended the court date they... View More
answered on Jul 9, 2023
What Oath Ceremony? Citizenship? Police force? Usually traffic citations are not considered crimes that you have to report on taking an oath regarding pending criminal actions. Usually they are infractions, unless it is a DUI or a misdemeanor. I really cannot say without knowing what kind of... View More
My ex's brother is clinically insane, obsessed with me (cause he finds me a threat) and threatens to ruin my life by contacting my work, landlord, other ex's, etc.
The most recent incident resulted in the brother being flown back to the mainland with his parents.
I live... View More
answered on Jul 5, 2023
Note that I am not an Hawaii attorney. Based on your narrative, it sounds like you likely have grounds for a protection order (assuming HI has anti-stalking protection orders). However, barring your stalker from an island is going to depend on facts that you have not shared. In Ohio, for... View More
Me and mother disagree on vaccines and share legal custody 50/50. She has full physical custody.
answered on Jun 16, 2023
You theoretically can ask the court that issued your custody order to give you the exclusive right to make the decision about vaccinations, or all non-emergency medical decisions, for your child.
But you will need to produce some pretty compelling medical evidence that your child has some... View More
My soon to be Ex wife assaulted me, was arrested. I placed a Tro against her. She moved into her friends house just 20 yards past the 100 yards no go zone for my home. I can’t drive out of the neighborhood or take my kids to park with being forced into the 100 yard zone. And she has been... View More
answered on May 14, 2023
I do not practice law in Hawaii so i can only speak to general principles of law. Typically restraining orders limit the activities of the respondent or person who is being restrained by the order. It sounds like you are person being protected by the order (often called a petitioner). Does the... View More
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