Hawaii: Can Medicaid File a Claim Against a Parent’s Home or Force a Deed Transfer?
Detailed Answer Short answer: Under Hawaii’s Medicaid program the State can seek repayment of certain Medicaid benefits from a deceased beneficiary’s estate, and it may pursue the home in limited circumstances. The State cannot legally force you to sign over your mother’s deed simply to satisfy Medicaid. However, transfers of the home before or after […]
Read article →Hawaii: Inherited House, Probate Status, and Making Mortgage Payments to Avoid Foreclosure
Short answer Yes — an inherited house can be a nonprobate asset under Hawaii law if title passes automatically at death (for example, by joint tenancy with right of survivorship, a properly executed beneficiary deed/transfer-on-death arrangement, or other nonprobate device). When a house transfers outside probate, there often is no need for an administrator to […]
Read article →Hawaii — Challenging a Sibling’s Use of a Deceased Parent’s Bank Account
Short answer Possibly — but it depends on who legally controls the account (sole owner, joint owner, payable-on-death, or acting under a valid power of attorney), whether the bank has been notified of the death, and whether a court has appointed a personal representative. If the sibling has no legal authority, you can take steps […]
Read article →Hawaii: Forcing Return of Sentimental Items from a Sibling During Probate
Disclaimer: This is general information, not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed Hawaii attorney. Detailed Answer If a sibling has taken or is holding sentimental property that likely belongs to a deceased person’s estate, you may have legal ways to seek its return. The steps […]
Read article →Administrator Bond in Hawaii Probate: Posting a Bond or Waiving It
Understanding Probate Bonds in Hawaii When Someone Dies Intestate Detailed Answer This section explains how Hawaii courts treat the requirement that a personal representative (an administrator when there is no will) post a bond. It is written for readers without legal background and uses plain language. When a person dies without a will (intestate), the […]
Read article →How to Serve as Administrator for a Parent’s Intestate Estate in Hawaii
Serving as Administrator for a Parent’s Intestate Estate in Hawaii Disclaimer: This article is educational only and is not legal advice. For guidance that applies to your exact situation, consult a licensed Hawaii attorney or the probate court. Detailed Answer — How to apply to serve as administrator in Hawaii If your mother died without […]
Read article →Enforcing or Disputing an Oral Agreement Over Wrongful-Death Proceeds in Hawaii
Detailed Answer Overview If people orally agreed how to divide proceeds from a wrongful-death recovery, enforcing or disputing that oral agreement in Hawaii can be complicated. The estate, the personal representative (executor or administrator), and beneficiaries each have roles and rights. Courts prefer written evidence, but oral agreements can sometimes be enforced if there is […]
Read article →Hawaii: How to Get Court Approval to Release Contested Estate Funds
Detailed Answer Overview: When parties disagree about how estate money should be split, the probate court in Hawaii can authorize limited distributions, require disputed funds to be held in court, or resolve the dispute before final distribution. The process starts by notifying the court and interested persons, filing the right petition or motion, and showing […]
Read article →Hawaii: Selling Estate Real Property When a Co-Administrator Refuses to Sign (Foreclosure Risk)
Can an estate sell real property if a co-administrator refuses to sign while foreclosure is pending? This FAQ explains how the probate process and foreclosure interact in Hawaii when one co‑administrator will not cooperate with a sale. It summarizes typical steps you can expect, what the probate court can do, and emergency options to prevent […]
Read article →Hawaii — Will my father’s will govern leftover proceeds if the family home is sold?
How sale proceeds are handled in Hawaii when a decedent’s home is sold Short answer: Usually yes — if the house is part of your father’s probate estate, the personal representative (executor) sells the house, pays valid debts and administration costs, and then distributes the remaining money (the residue) according to your father’s will. But […]
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