Lawyers, Answer Questions  & Get Points Log In
Hawaii Questions & Answers
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 Landlord - Tenant, Personal Injury and Real Estate Law for Hawaii on
Q: Rented home,w/o alarms, fixed rotten stairs prior to moving in,nor got check 4 repair,not renting condition, able 2 sue?

investigation found zero fireworks or any known combustible items near reported start of fire location.fire investigator’s/landlords insurance determined cause unknown. First week moving in home, off and on we would smell burning wood but didn’t see smoke, (ironically the location witnesses... View More

Tim Akpinar
Tim Akpinar
answered on Oct 8, 2022

A Hawaii attorney could advise best, but your question remains open for two weeks. Your question straddles several categories and I can only speak for the Personal Injury aspect of your question, not the L-T issues. When you mention "unscathed," it sounds like you might be referring to... View More

1 Answer | Asked in Immigration Law for Hawaii on
Q: Can Canadian citizens leave and return to the US if they are in the process of a visitor visa extension?

I am a Canadian citizen and have been in the US for just over 12 months. I have applied for a visitor visa extension before my 6 months expiration date and was given a biometrics interview, however, at the time my daughter's passport expired and we had COVID and we re-scheduled the... View More

Kevin L Dixler
Kevin L Dixler
answered on Oct 1, 2022

There is something odd about this situation. Usually those who file for an I-539 extension are not required to do biometrics. I sense that the wrong form was filed out, but more information is needed!

Canadians usually have a unique relationship with the U.S. The entry is often viewed as...
View More

1 Answer | Asked in Divorce and Immigration Law for Hawaii on
Q: My wife can't get a visa from the state department to return to me/USA. She is in the Philippines we need help advise,

We were married in Hawaii, she went back to her home and got stuck in the Philippines because of covid. Her visa was denied probably because I don't make enough money. I am on SSI. This has been a two year process and we only hear from visa agencies that we need to pay them a $1000.00 to get... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 27, 2022

If you are married to her, then you can apply for a spousal visa. If you do not make enough money to financially sponsor her, then you can enlist the aid of a joint financial sponsor. This can be anybody who is a green card holder or a US citizen state side, and if they make enough money, then your... View More

1 Answer | Asked in Criminal Law for Hawaii on
Q: If my friend is gonna get charged with a promoting a detrimental drug but everything was in my truck, if I come

Forward and say it wasn’t theirs? Would they get let go? It was in my truck so?….

Mark Simonds
Mark Simonds
answered on Sep 17, 2022

Aloha, as you could potentially incriminate yourself and get charged, I would advise you assert your 5th Amendment Right to remain silent. But, if your friend calls you as a witness at trial you should seek the advice of an attorney.

I wish you the best of luck.

1 Answer | Asked in Criminal Law for Hawaii on
Q: Is promoting gambling in the second degree a felony in hawaii?
Mark Simonds
Mark Simonds
answered on Sep 17, 2022

It is a misdemeanor. Hawaii Revised Statutes, § 712-1222 (2013 reads as follows:

Promoting Gambling In the Second Degree.

(1) A person commits the offense of promoting gambling in the second degree if the person knowingly advances or profits from gambling activity.

(2)...
View More

1 Answer | Asked in Real Estate Law for Hawaii on
Q: I have a question about un-filed deeds in Hawaii real estate.

My wife owned a piece of property and she passed away. A cousin has come forward and is claiming the property was sold to them in the early 2000’s the deed has a notary stamp, But isn’t recorded anywhere legally. I’m worried if I don’t agree to the demands presented to me I will be sued... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 13, 2022

Hire a competent HI attorney now to search your Title. You will probably have to sue the cousin to Quiet Title, as he may have blown an SOL. Payment of Taxes may be very significant here. Unrecorded Deeds are effective only amongst the named Parties. He will probably record it now and may... View More

1 Answer | Asked in Personal Injury and Car Accidents for Hawaii on
Q: I got hit by a truck at his fault while I'm walking in Hawaii. He doesn't have an insurance and has not responding

How can I make him to pay for my medical bills caused by him?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 23, 2022

If you have UM coverage then it might be best to see if your UM policy will cover you, as well as your health insurance and/or medical payments coverage. Also, I would contact an injury/accident lawyer in Hawaii ----most will provide a free initial consult and you might receive some additional... View More

1 Answer | Asked in Real Estate Law for Hawaii on
Q: My fiancé has been living in his family home since late 1996. His parents were divorced in 2000 , however prior to the f

My question is , can either one of them justmove back in and essentially push us out especially since my fiancé has been the sole person upkeeping the home from repairs to utilities excluding land taxes that his father refused to let him pay. Secondly, does the father have “more say” or... View More

Kelly LaPrade
Kelly LaPrade
answered on Jul 15, 2022

Hi, I am sorry you’re experiencing this difficulty. Usually ownership to a piece of real property in Hawaii would be vested in the person or persons listed on the deed to property. One way a person could attain ownership is by adverse possession but more facts would be needed to determine... View More

1 Answer | Asked in DUI / DWI and Civil Rights for Hawaii on
Q: What does saying "I don't answer questions" do you have legal rights?
Mark Simonds
Mark Simonds
answered on Jul 15, 2022

Under the 5th Amendment to the United States Constitution and the equivalent provision of the Hawai’i State Constitution you have the right to remain silent, in just about all interactions with the government. In other words, you cannot be compelled to speak with government officials, to... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Hawaii on
Q: I want to file a death certificate with the Bureau of Conveyances for a joint tenant on a property in Hawaii on which I

am the other tenant with rights of survivorship.They informed me that I must have a lawyer do this for me. If this is true,what would be the costs? I live in Alaska.

Kelly LaPrade
Kelly LaPrade
answered on Jun 26, 2022

If it is just Bureau of Conveyances then I can prepare and file this for about an hour’s worth of time plus filing fee. If it is Land Court then it is much more complicated. You can email me at: kelly@westmauilegal.com for more info on my hourly rate.

1 Answer | Asked in Health Care Law, Gov & Administrative Law and Municipal Law for Hawaii on
Q: Does smoke penetrating homes from neighbors backyard fire, and creating health issues, come under Hawaii nuisance law?
Mark Simonds
Mark Simonds
answered on Jun 25, 2022

An open outdoor fire or open burning emits pollutants directly into the air and includes agricultural, residential, and prescribed burning. The rules regulating open burning are Hawaii Administrative Rules (HAR) Section 11-60.1 Subchapter 3. Generally open burning is prohibited with a few... View More

1 Answer | Asked in Workers' Compensation for Hawaii on
Q: IS IT LEGAL TOO LOOSE ALL YOUR PENSION RETIREMENT AND ALL CREDITS EARNED , DUE TOO A WORK INJURY WHILE GOING TO PT.
Tim Akpinar
Tim Akpinar
answered on Jun 12, 2022

A Hawaii attorney could advise best, but your question remains open for two weeks. I'm sorry about your ordeal. You could reach out to employment attorneys about the pension issues at this point, unless you want to try reposting under the Employment Law category. If you do not have a... View More

1 Answer | Asked in Criminal Law for Hawaii on
Q: I have a citation for assault 3rd. I am not guilty. My court date is June 2 2022
Mark Simonds
Mark Simonds
answered on Jun 10, 2022

Aloha,

You have some very important Constitutional rights. First of all, you have the 5th Amendment right against self incrimination; the 6th Amendment right to counsel, and to a jury trial if you so choose; and the 5th and 14th right to du process. Probably the most important of these...
View More

1 Answer | Asked in Estate Planning for Hawaii on
Q: My sister who resides in Hawaii just passed. Can one sibling take all her belongs for themselves without us knowing?

Our family consists of 5 siblings spread across the United States. Our sister passed away in Hawaii without a will, and without knowing it, one brother asked a cousin to go pack up her things, without first consulting with us.

We do not know where her belongs (including cars, bank accounts,... View More

Kelly LaPrade
Kelly LaPrade
answered on May 26, 2022

If your sister died without a will then her probate assets would be inherited according to the laws of intestacy. It may be appropriate to safeguard property by taking possession, versus ownership, of the property. Having said that, the lack of transparency is a problem. For instance, it may be... View More

1 Answer | Asked in Trademark for Hawaii on
Q: I’m producing a fashion exhibition with a vintage privately-owned collection. Do I need a trademark license?

The exhibition venue is available to the public, but the admission is ticketed. The fashion brand is a well-know public-facing entity, though, they do not have any affiliation with this exhibition. I am marketing and advertising this as an “honorary tribute and retrospective” and am making sure... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on May 26, 2022

Use of the trademark to identify the goods exhibited, so long as they are authentic and not counterfeit, is allowable and referred to as "nominative fair use" of the brand. It would be prudent, however, to state in promotional materials that the exhibitor is not affiliated with the brand... View More

1 Answer | Asked in Criminal Law and Landlord - Tenant for Hawaii on
Q: Can a landlord make a police report on a tenant for criminal property damage? Tenant and guest damaged rental property.

Tenant and tenant's guest severely damaged glass windows and removed window screens of rental property. Tenant has overstayed their 45 days notice to vacate and has not paid any rent has become a nonpaying holdover tenant.

Mark Simonds
Mark Simonds
answered on Apr 25, 2022

In Hawaii, under your scenario, a person commits the offense of criminal property damage if by means other than fire (which would be arson), the person intentionally or knowingly damages the property of another without the other's consent. As the rental unit is your property you are well... View More

1 Answer | Asked in Uncategorized for Hawaii on
Q: I already get 1000 dollars deducted automatically every month and write another check for 600 to my ex am I paying too

Much to my ex wife or is she taking advantage of me bc of not knowing my rights and also being threaten from her claiming to take all my work retirement and military as well

Tim Akpinar
Tim Akpinar
answered on Aug 29, 2023

A Hawaii attorney could advise best, but your question remains open for two weeks. You could repost this and add "Divorce" as a category. Don't include personal information. Some questions do go unanswered on this forum, but you'd have better chances of a response with the added category. Good luck

1 Answer | Asked in Employment Discrimination, Employment Law, Business Law and Civil Rights for Hawaii on
Q: Can my employer which is a corporation be admin. dissolved or dissolve the company after I filed a lawsuit on them?
Robert Kane
Robert Kane
answered on Aug 26, 2023

Was your "employer which is a corporation [ ] admin. dissolved or dissolve the company after [you] filed a lawsuit on them?" Are you preparing or reacting? How it is dissolved makes a difference. To answer your question, yes. What you need to do depends on the situation.

2 Answers | Asked in Bankruptcy and Collections for Hawaii on
Q: Bankruptcy Creditor counsel in Hawaii ?
Timothy Denison
Timothy Denison
answered on Jul 27, 2023

Check with Martindale Hubbell or Avvo.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.