Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer to Distributing Wrongful Death Proceeds in Hawaii
Under Hawaii law, a wrongful death action seeks financial recovery on behalf of the victim’s heirs. The court or the appointed personal representative must allocate any settlement or judgment according to HRS §663-3. Here’s how the process generally works:
1. Identify Eligible Heirs
- Spouse and children (per stirpes distribution if a child is deceased)
- If no spouse or children: parents of the deceased
- If no spouse, children, or parents: siblings (including half-siblings)
- Further relatives if none of the above (see HRS §663-3)
2. Appoint a Personal Representative
The court will appoint a personal representative—often the executor of a will or an administrator. This person collects the wrongful death proceeds and handles distribution. If heirs agree, they may file a joint petition to avoid formal appointment.
3. Pay Priority Claims
Before distributing the net proceeds, the representative must satisfy funeral expenses, medical bills, and other valid claims. See HRS §663-5.
4. Distribute Remaining Proceeds
After priority claims, allocate the balance to heirs according to their share. For example, if a spouse and two children survive, each child receives one share, and the spouse receives one share (total of three shares) under per stirpes rules.
5. Obtain Court Approval
File a final accounting and petition for distribution with the probate court. The judge reviews payments and allocations. Once approved, the court issues an order authorizing payment to each heir.
Helpful Hints
- Gather proof of relationship (marriage certificate, birth certificates) early.
- Keep detailed records of funeral and medical expenses.
- Communicate openly with all potential heirs to minimize disputes.
- Consider mediation if heirs disagree on distribution.
- Work with a probate attorney to ensure court filings comply with Hawaii rules.