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Hawaii Questions & Answers
1 Answer | Asked in Foreclosure and Real Estate Law for Hawaii on
Q: My auntie defaulted on her mortgage and have not paid for the past 10 years while a judicial foreclosure case is ongoing

The case recently got dismissed due to statute of limitations, is this a good thing? Is it okay for her to not pay anything while the case was ongoing? Is she off the hook now since the case got dismissed?

Leonard R. Boyer
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answered on Feb 25, 2021

To determine your aunt's situation she needs to at least consult with an experienced HI mortgage foreclosure defense attorney to evaluate the situation. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for... View More

1 Answer | Asked in Family Law and Immigration Law for Hawaii on
Q: My father abandoned me in India and is in usa for 15+ years and is a green card holder.what r my rights in usa?

he is not divorced with my mother.

has illegal marriages as well as children from two other women.

he does not support's us financially but is hawaii court claims that he is doing so.

I want to come to usa and get alimony for my mother .

what are our rights in... View More

Nareshwar Singh Virdi
Nareshwar Singh Virdi
answered on Feb 20, 2021

This sounds like a complicated situation. Please call my office at 916-378-0259 for further information.

1 Answer | Asked in Consumer Law and Land Use & Zoning for Hawaii on
Q: Encroachment of a wall on my boundary line is less than one foot.

The wall was built over 20 years ago and a recent survey revealed the wall encroached less than a foot into neighbor’s land.

Tim Akpinar
Tim Akpinar
answered on Feb 11, 2021

A Hawaii attorney could advise best, but your post remains open for two weeks. You could repost in the Real Estate section. There wasn't a question included, but if you're wondering about adverse possession and other issues arising here, an attorney might need to see the survey and other... View More

1 Answer | Asked in Consumer Law and Medical Malpractice for Hawaii on
Q: If MFT therapy starts in Hawaii and the client moves, Can therapy go on even if the client is no longer in Hawaii?

Hawaii revised Statutes.

Tim Akpinar
Tim Akpinar
answered on Jan 17, 2021

A Hawaii attorney could advise best, but your question remains open for four weeks. For MFT (marriage family therapy?) issues, a divorce or family law attorney could be able to offer meaningful input. There are headings for those those areas here. Not all questions get picked up, but if you wanted... 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 Child Support for Hawaii on
Q: How can I get information on my child support if he resides in a different state?

I have 3 children’s. My oldest child is in college and the other two are still in high school. My ex husband is 13,000 back pay child support. He resides in another state. How can I get information how when am I going to get the back child support payments?

Paul Ylvisaker
Paul Ylvisaker
answered on Dec 20, 2020

Contact the Hawaii child support services agency. Once you make application they will do the legal work to collect child support owed. It is not a quick process, but it is essentially free and they catch up to non-payers who have arrears.

1 Answer | Asked in Contracts and Real Estate Law for Hawaii on
Q: My client who owns a home in the County of Hawaii passed away. The deed is only in his name and his wife wants to sell.

How do we get authority to sell and do we need to go through probate if there is not a will in place?

Tim Akpinar
Tim Akpinar
answered on Dec 11, 2020

A Hawaii attorney could best advise, but your post remains open for four weeks. You may want to repost this and add the categories Probate and Estate Planning. There's no guarantee that every question is picked up, but you could have better chances of a response with those additional... View More

1 Answer | Asked in Tax Law for Hawaii on
Q: realized error on tax filing resulting of overpayment. Used gross vs net & paid taxes on gross amt. Over period of 10yrs

How do i remedy and is it possible to claim refund of overpayment.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 13, 2020

Sure. But you will have to file an amended tax return for each of the years you say was your tax was calculated on gross income instead of net.

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 Elder Law, Health Care Law, Personal Injury and Landlord - Tenant for Hawaii on
Q: How do you care for the elderly in your home And Keep out Dept of Health interferes.

Rental agreement is used by a caregiver/ lessor and residents/ tenants to make it legal but now Dept of Health creates all kind of rules . How do we protect ourselves from all this.

Tim Akpinar
Tim Akpinar
answered on Sep 30, 2020

A Hawaii attorney could advise best, but your question remains open for four weeks. One option, which you likely already realize, could be to sit down with a local attorney familiar with the new laws and identify issues that could arise in the future. You could also contact social workers and... View More

1 Answer | Asked in Contracts for Hawaii on
Q: I work for a banquet facility. Is a drawn up banquet agreement legal and binding? Will it hold up in court?
Tim Akpinar
Tim Akpinar
answered on Sep 17, 2020

A Hawaii attorney could advise best, but your question remains open for two weeks. As a GENERAL matter, if a contract is valid, it should be legal and binding. If it's a standard contract that has been used for years without being challenged and it contains the requirements of a valid... View More

1 Answer | Asked in Health Care Law, Personal Injury and Wrongful Death for Hawaii on
Q: Hello, My 57 yr. old dad died from not having proper care from his Caretaker worker employed by Aloha Care in Hilo.
Tim Akpinar
Tim Akpinar
answered on Sep 10, 2020

I'm very sorry for the loss of your father. A Hawaii attorney could advise best, but your question remains open for three weeks. You could reach out to Hawaii attorneys to discuss further. An attorney could investigate the matter further and request records for review with a medical... View More

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Domestic Violence for Hawaii on
Q: Is there invasion of privacy law in hawaii

I'm having Ni some with the person I. Have 21st

Tim Akpinar
Tim Akpinar
answered on Sep 4, 2020

A Hawaii attorney could advise best, but your post remains open for two weeks. There most likely are such laws, as invasion of privacy is addressed in virtually every jurisdiction. It's a broad offense and can cover different wrongful acts, from disclosing sensitive information to casting the... View More

1 Answer | Asked in Consumer Law for Hawaii on
Q: I found a animal part inside my can of Coca-Cola that was older I drink part of it and realized had nimal part in can

Contacted Coca-Cola they're sending one free case coupon animal that looks like inside the can been freaking out for about 45 minutes now there was a f****** animal inside or some sort of leg and in my can of soda that I drink some of the liquid and spit it out and made me puke I can send you... View More

Tim Akpinar
Tim Akpinar
answered on Aug 22, 2020

A Hawaii attorney could advise best, but your post remains open for three weeks. In such cases, despite any distress one may experience, legal remedies tend to be based on actual damages. That generally means injuries of significance and duration/permanence, supported by medical documentation. You... View More

1 Answer | Asked in Medical Malpractice for Hawaii on
Q: Can you cancel a chiropractor custom care plan?
Tim Akpinar
Tim Akpinar
answered on Jul 28, 2020

A Hawaii attorney could advise best, but your question remains open for a week. It's possible you could, but the more important issue might be how the agreement/contract treats such a cancellation. It could establish damages for doing something like that. You could review the contract with a... View More

2 Answers | Asked in Civil Litigation and Contracts for Hawaii on
Q: Can I oppose a motion to transfer from Hawaii small claims court to circuit court ?

I sued for $5,000 for failure to pay for hourly labor and equipment. He's counter suing for $96,000 , and has filed a motion to transfer to circuit court. This is for work preformed on a sailboat

Tim Akpinar
Tim Akpinar
answered on Jul 26, 2020

A Hawaii attorney would be able to advise best, but your question remains open for three weeks. To remove from state court to federal district court, the party would generally need to establish a basis for subject matter in federal court. You could review the paperwork with a Hawaii attorney. That... View More

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1 Answer | Asked in Employment Law and Military Law for Hawaii on
Q: I have moved to South Korea with my military spouse. Can I receive unemployment benefits from the state of Hawaii?
Sabra M. Janko
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answered on Jul 17, 2020

You should speak with the Hawaii unemployment department. Each state has different provisions for unemployment and this information can be obtained from the department. It is not a question requiring the assistance of an attorney.

1 Answer | Asked in Personal Injury for Hawaii on
Q: I live in Hawaii and own several palm trees that shed their palm frond regularly. If one lands on someone am I liable
Tim Akpinar
Tim Akpinar
answered on Jul 4, 2020

A Hawaii attorney could best advise, but your post remains open for two weeks. As a general premise, you could possibly be liable. Owners of trees could be liable if it is determined that they were negligent. And that element of negligence could be subject to different interpretations - failing to... View More

1 Answer | Asked in Business Law and Health Care Law for Hawaii on
Q: Is wearing a mask legally required in a place of business for Hawaii residents?
Tim Akpinar
Tim Akpinar
answered on Jun 19, 2020

A Hawaii attorney is best qualified to answer your question, but your post remains open for three weeks. Until you are able to consult with a local attorney, the general consensus throughout the nation during this pandemic appears to support businesses requiring the wearing of masks. If you are... View More

1 Answer | Asked in Medical Malpractice for Hawaii on
Q: Doctor refuses to treat ADHD with medication an adult who was diagnosed but never treated as child?

If asked to justify their decision with the weighing of the potential benefits vs. potential drawbacks (as the prescribing guidelines say to do) and they refuse or don't justify their decision. What then

Tim Akpinar
Tim Akpinar
answered on Jun 14, 2020

A Hawaii attorney could advise best, as state health or insurance laws could apply. However, you await a response for two weeks. As a general matter, without regard to jurisdiction, it does not appear to be a matter of medical malpractice, unless the refusal constitutes a beach of duty of medical... View More

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