How to Obtain and Review Documentation of a Medicaid Claim Against an Inherited Estate in Hawaii
Detailed Answer When the Hawaii Department of Human Services (DHS) seeks to recover Medicaid benefits from an estate, it must file a claim in probate court under Hawaii Revised Statutes (HRS) §346-14.5. To obtain and review the documentation, follow these steps: Locate the Probate Case: Find the estate’s probate case number at the appropriate Circuit […]
Read article →How to Obtain and Review Corporate Formation Documents and Bylaws Affecting a Decedent’s Business Interest (HI)
Detailed Answer When a business owner dies, the personal representative of the estate must gather corporate formation documents and bylaws to determine the decedent’s rights and obligations. In Hawaii, this process involves two main steps: obtaining public filings and requesting private corporate records. 1. Identify the Entity Confirm the exact legal name and entity type […]
Read article →How can an interested party open probate for a decedent’s estate in Hawaii?
Detailed Answer To open probate in Hawaii, an interested party must follow the procedures set out in the Hawaii Revised Statutes (HRS) Chapter 560 on decedent’s estates. Probate formally establishes a personal representative, validates the will if one exists, and transfers assets. Below are the key steps. 1. Identify the Appropriate Probate Procedure If the […]
Read article →What is the process for petitioning a court in Hawaii to remove a personal representative for mishandling estate assets?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer 1. Identify Grounds for Removal Under Hawaii law, you may petition to remove a personal representative if you believe they have engaged in misconduct, neglected their duties, acted in a conflict of interest, or mismanaged estate assets. Hawaii Revised […]
Read article →What information and duties must a personal representative provide to heirs in Hawaii?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer Under Hawaii law, a personal representative (also called an executor or administrator) owes fiduciary duties and must provide specific information to heirs (interested persons) during probate. The Uniform Probate Code (Hawaii Revised Statutes Chapter 560) governs these obligations to […]
Read article →What steps are required to file probate court documents and publish creditor notices in Hawaii?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance. Detailed Answer In Hawaii, you must follow specific steps to open a probate case and notify creditors. Below is an overview: File the Petition and Will: Prepare a Petition for Probate or Administration and, if […]
Read article →How to Determine if a Transferred Vehicle Must Be Treated as Estate Property After a Decedent’s Death in HI
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer In Hawaii, whether a vehicle transfers into a decedent’s probate estate depends on how title and ownership interests were structured before death. Review the following key scenarios under Hawaii […]
Read article →How to determine the proper venue for opening or transferring a decedent’s estate in Hawaii
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer Under Hawaii law, venue for opening or transferring a decedent’s estate follows the rules in HRS §560:1-102. Venue determines which circuit court will oversee probate or summary administration. Residence at Death: If the decedent had a primary residence in […]
Read article →Should an Executor Confirm Available Estate Funds Before Settling a Creditor Claim in HI?
Detailed Answer Under Hawaii law, a personal representative (executor) holds a fiduciary duty to manage estate assets prudently before approving creditor claims. Before settling any debt, the executor should verify available funds to ensure proper priority of payments and avoid overextension. Step 1: Inventory and Appraise Assets. Within 90 days of appointment, the executor must […]
Read article →What Steps Should Be Taken to Negotiate and Settle a Creditor Claim During Probate in Hawaii?
Detailed Answer When a loved one’s estate enters probate in Hawaii, the personal representative must identify, evaluate and resolve creditor claims before distributing assets. Following these steps helps ensure you comply with Hawaii law and avoid personal liability. 1. Identify Known and Potential Creditors Begin by reviewing the decedent’s financial records, including bank statements, credit […]
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