Estate Planning in Hawaii | HI Legal Resources | FastCounsel

How can I obtain proof of lost wages when my former employer will not provide payroll records? – HI

How to Obtain Proof of Lost Wages in Hawaii When Your Former Employer Refuses to Provide Payroll Records Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney for advice regarding your specific situation. Detailed Answer If your former employer refuses to give you payroll records, you still […]

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What steps are needed to seek guardianship or conservatorship for an incapacitated relative in HI?

Disclaimer: This article provides general information only and does not constitute legal advice. Consult a qualified attorney for advice about your situation. Detailed Answer 1. Determine Whether You Need Guardianship or Conservatorship In Hawaii, a guardian makes personal and health care decisions, while a conservator manages financial affairs. Both arise under Hawaii’s Probate Code, Chapter […]

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How can original wills and codicils be located and verified before opening probate in HI?

Detailed Answer Locate the Original Will and Codicils Before filing for probate in Hawaii, you must locate the original will and any codicils. Check the decedent’s personal records—home safe, fireproof box, filing cabinets, and safe deposit boxes at banks. Ask family members and close friends about document storage. Contact any attorney or law firm the […]

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What information and documentation are required to verify all individuals with an interest in real property in Hawaii?

Detailed Answer Under Hawaii law, verifying every individual or entity with an interest in real property requires collecting and reviewing specific documents for each type of stakeholder. All instruments affecting title must be properly executed, notarized, and recorded in triplicate with the Bureau of Conveyances (HRS Chapter 502). 1. Individual Owners Full legal name and […]

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What steps are required to file a petition claiming surplus funds from a foreclosure proceeding in Hawaii?

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Please consult a qualified attorney about your specific situation. Detailed Answer 1. Verify Entitlement to Surplus Funds Under Hawaii law, any person with a lawful interest in the property at the time of sale—such as the former owner, junior lienholder, or […]

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Do I Get Ownership Interest in Real Property if I Pay the Mortgage in Hawaii?

Detailed Answer If you pay the mortgage but your name is not on the deed, you do not automatically acquire legal title to the property. Under Hawaii law, legal title and equitable interest differ. The deed shows the legal owner, and mortgage payments alone do not change who holds title. For a court to recognize […]

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How to Determine if Other Creditors or Lienholders Could Have Claims to Surplus Funds in Hawaii

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Hawaii for guidance on your specific situation. Detailed Answer When a foreclosure or sheriff’s sale generates surplus funds—meaning the sale price exceeds the total debts secured by the property—those funds become available for distribution. Under Hawaii […]

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Hawaii: What options exist for establishing authority over an elderly heir’s personal and financial decisions?

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Under Hawaii law, family members and heirs can protect elderly individuals by establishing formal decision-making authority. Two common routes include powers of attorney and court-ordered guardianship or conservatorship. Durable Power of Attorney A durable power of attorney allows an […]

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How to Verify and Probate an Old Will Discovered Decades After Execution in Hawaii

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Hawaii to address your specific situation. Detailed Answer Discovering an old will decades after its execution raises two main questions under Hawaii law: is the document valid, and how do you probate it? Follow these steps […]

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How to Verify if the Decedent Had a Valid Will or Estate Planning Documents in Hawaii

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 When a loved one passes away, identifying whether they left a valid will or other estate planning documents is critical. In Hawaii, you can follow several steps to find […]

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