How Does Intestate Succession Work in Hawaii When a Decedent Dies with No Spouse and Three Children?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice on your specific situation. What Is Intestate Succession? Intestate succession is the legal process that distributes a person’s estate when they die without a valid will. In Hawaii, the rules governing intestate succession appear in […]
Read article →How Can the Slayer Statute in Hawaii (HI) Affect an Heir’s Right to Inherit from a Decedent’s Estate?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice on your specific situation. Detailed Answer What Is the Hawaii Slayer Statute? Under Hawaii law, a person who unlawfully and intentionally kills a decedent cannot inherit from that person’s estate. Hawaii Revised Statutes §560:3-803 (HRS […]
Read article →How does title transfer for an inherited home when there is no will and multiple heirs in HI?
Disclaimer: This article is for educational purposes only and is not legal advice. Detailed Answer When someone dies without a will (intestate) in Hawaii, state law governs how their real property passes to heirs. The process unfolds in several steps: 1. Intestate Succession Under Hawaii Law Hawaii’s intestate succession statutes outline who inherits and in […]
Read article →What steps are involved in a Medicaid estate recovery claim against inherited property in Hawaii?
Step-by-Step Guide: Hawaii Medicaid Estate Recovery Claim Against Inherited Property 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 When a Hawaii resident who received Medicaid benefits passes away, federal law (42 U.S.C. §1396p(b)) and Hawaii law (HRS […]
Read article →How to Apply for a Medicaid Hardship Waiver to Protect Inherited Property from Estate Recovery Claims in HI
Detailed Answer When you receive an inheritance and you previously accessed Medicaid benefits in Hawaii, the state may seek to recover those benefits from your estate. However, you can ask for a hardship waiver if enforcing recovery causes undue financial hardship to your heirs. Below is a step-by-step guide to applying under Hawaii law. 1. […]
Read article →How do I determine who the intestate heirs are of my father’s estate in Hawaii?
Determining Intestate Heirs Under Hawaii Law When someone dies without a valid will (intestate) in Hawaii, state law decides who inherits. This guide explains how to identify the heirs to your father’s estate under Hawaii Revised Statutes (HRS) chapter 560. Detailed Answer Step 1: Confirm Intestacy If your father left no will or the will […]
Read article →Can I appeal a probate court decision removing a personal representative in HI?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Under Hawaii law, orders removing a personal representative (executor or administrator) in a probate case are appealable. Hawaii has adopted the Uniform Probate Code in Chapter 560 of the Hawaii Revised Statutes (HRS), which provides both the mechanism for […]
Read article →Does the personal representative have to provide me a copy of the accounting in a probate matter in Hawaii?
Detailed Answer Under the Hawaii Probate Code, a personal representative must file periodic accountings and serve them on interested persons. An accounting records all estate transactions—receipts, disbursements, and distributions. This requirement promotes transparency and lets beneficiaries monitor the estate’s progress. The key statutes include HRS §560:3-702, which governs the duty to file accountings; HRS §560:3-804, […]
Read article →How to Determine Remaining Assets in a Hawaii Estate After Debts and Fees
Disclaimer: This article provides general educational information about Hawaii probate law only. It does not constitute legal advice. For guidance on your specific situation, consult a licensed attorney. Detailed Answer 1. Inventory Your Estate Assets The personal representative (often called the executor) must compile a full list of estate assets, including: Real property (homes, land). […]
Read article →What options exist for a personal representative with limited funds for handling creditor claims in Hawaii?
Disclaimer This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney in your jurisdiction for specific guidance. Detailed Answer Under Hawaii’s Uniform Probate Code, a personal representative (PR) must assess and pay valid creditor claims before distributing estate assets. When estate funds are limited, the PR has […]
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