What documentation should an executor gather to respond to a creditor’s settlement demand in HI?
Disclaimer: This article provides general information about Hawaii probate law. It is not legal advice. Consult an attorney for advice on your situation. Detailed Answer Under Hawaii law, an executor (personal representative) must verify all creditor claims and ensure proper estate administration. When a creditor submits a settlement demand, gather documents that confirm the debt’s […]
Read article →How Can an Executor Challenge a Creditor Claim on Predatory Lending Grounds for an Elderly Decedent in HI?
Disclaimer: This article does not provide legal advice. It offers general information under Hawaii law. Detailed Answer Legal Framework When a decedent’s estate enters probate in Hawaii, an executor must address creditor claims under the Hawaii Uniform Probate Code (HRS Chapter 560). Creditors must file valid claims against the estate (HRS §560-3-801). An executor can […]
Read article →How to Access and Withdraw Money in a Deceased Person’s Bank Account During Probate in Hawaii
Disclaimer: This article provides general information about Hawaii probate procedures and does not constitute legal advice. For personalized guidance, consult a qualified attorney. Detailed Answer When a person dies, their bank accounts form part of the estate and must go through the probate process before beneficiaries can access the funds. In Hawaii, probate is governed […]
Read article →What Factors Determine the Total Cost of Administering an Estate in Hawaii?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer Administering an estate in Hawaii involves multiple costs. The total expense depends on factors such as court fees, professional compensation, asset complexity, and potential disputes. Understanding these elements helps set expectations and plan accordingly. 1. Court and Filing Fees […]
Read article →Which Documents and Certificates Should Be Collected to Begin Estate Administration in HI?
Disclaimer: This article is for informational purposes and does not constitute legal advice. Detailed Answer When someone dies in Hawaii, estate administration begins by gathering certain documents and certificates. These items verify the decedent’s identity, assets, and legal wishes. Collecting them early streamlines the probate process under Hawaii law. Original Will or Trust Documents Locate […]
Read article →How can estate expenses and ongoing bills be managed during the probate process in HI?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer During the probate process in Hawaii, the personal representative (sometimes called the executor or administrator) handles estate expenses and ongoing bills to preserve assets and pay valid debts. Here are the key steps: Appointment and Powers of the Personal […]
Read article →What options exist for selling or transferring real property when an heir is a minor child and cannot consent? – HI
Detailed Answer Under Hawaii law, minors cannot legally consent to the sale or transfer of real property because they lack contractual capacity. To protect the minor’s interests, the probate or circuit court must supervise any transaction involving a minor heir. Here are the primary pathways: 1. Guardianship and Court-Authorized Sale Under Hawaii Revised Statutes (HRS) […]
Read article →How to Enforce Distribution of Life Insurance Proceeds in Probate in Hawaii When No Beneficiary Was Designated
Detailed Answer Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney about your specific situation. When a life insurance policy in Hawaii lacks a designated beneficiary, the proceeds become part of the decedent’s probate estate. You must open a probate case in the Circuit Court of […]
Read article →How Can a Beneficiary Compel an Estate Administrator to Pay an Inheritance Share in Hawaii?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Under Hawaii’s probate code, a beneficiary has several tools to compel an estate administrator (personal representative) to distribute your inheritance share promptly. These steps ensure you understand your rights and follow the procedure set by the Hawaii Revised Statutes […]
Read article →How does intestate succession work in Hawaii when a decedent dies with no will, no spouse, and two children?
Detailed Answer When someone dies without a will in Hawaii, the estate transfers under Hawaii’s intestate succession laws. These rules appear in the Hawaii Revised Statutes (HRS) Chapter 560. If a decedent has no surviving spouse and two children, the two children inherit the entire estate equally. Key Statute: HRS § 560-2 HRS § 560-2(a)(3) […]
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