Hawaii County, HI Wills & Probate Lawyers


Includes: Estate Administration, Living Wills, Wills

Peter K. Kubota

Wills & Probate, Estate Planning, Corporate, Business Organization
Status:  In Good Standing           Licensed:  35 Years

Gerald A. Garcia

Commercial Real Estate, Real Estate, Wills, Elder Law
Status:  In Good Standing           Licensed:  48 Years

Gerald A. Garcia

Commercial Real Estate, Real Estate, Wills, Elder Law
Status:  In Good Standing           Licensed:  48 Years

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Free Help: Use This Form or Call 800-943-8690

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800-943-8690

Free Help: Use This Form or Call 800-943-8690

By submitting this lawyer request, I confirm I have read and agree to the Consent to Receive Messages from all messaging and voice technologies including Email, Text, Phone, Terms of Use, and Privacy Policy. Information provided is not privileged or confidential.

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LEGAL TERMS

PRETERMITTED HEIR

A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child b... (more...)
A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child born or adopted after the will is made may be deemed a pretermitted heir. If the court determines that an heir was accidentally omitted, that heir is entitled to receive the same share of the estate as she would have if the deceased had died without a will. A pretermitted heir is sometimes called an 'omitted heir.'

MINERAL RIGHTS

An ownership interest in the minerals contained in a particular parcel of land, with or without ownership of the surface of the land. The owner of mineral right... (more...)
An ownership interest in the minerals contained in a particular parcel of land, with or without ownership of the surface of the land. The owner of mineral rights is usually entitled to either take the minerals from the land himself or receive a royalty from the party that actually extracts the minerals.

POUR-OVER WILL

A will that 'pours over' property into a trust when the will maker dies. Property left through the will must go through probate before it goes into the trust.

ADMINISTRATRIX

An outdated term for a female administrator -- the person appointed by a court to handle probate on behalf of someone who died without a will. Now, whether male... (more...)
An outdated term for a female administrator -- the person appointed by a court to handle probate on behalf of someone who died without a will. Now, whether male or female, this person is called the administrator.

RULE AGAINST PERPETUITIES

An exceedingly complex legal doctrine that limits the amount of time that property can be controlled after death by a person's instructions in a will. For examp... (more...)
An exceedingly complex legal doctrine that limits the amount of time that property can be controlled after death by a person's instructions in a will. For example, a person would not be allowed to leave property to her husband for his life, then to her children for their lives, then to her grandchildren. The gift would potentially go to the grandchildren at a point too remote in time.

BYPASS TRUST

A trust designed to lessen a family's overall estate tax liability. An AB trust is the most popular kind of bypass trust.

QDOT TRUST

A trust used to postpone estate tax when more than the amount of the personal federal estate tax exemption is left to a non-U.S. citizen spouse by the other spo... (more...)
A trust used to postpone estate tax when more than the amount of the personal federal estate tax exemption is left to a non-U.S. citizen spouse by the other spouse. QDOT stands for qualified domestic trust.

PERSONAL PROPERTY

All property other than land and buildings attached to land. Cars, bank accounts, wages, securities, a small business, furniture, insurance policies, jewelry, p... (more...)
All property other than land and buildings attached to land. Cars, bank accounts, wages, securities, a small business, furniture, insurance policies, jewelry, patents, pets and season baseball tickets are all examples of personal property. Personal property may also be called personal effects, movable property, goods and chattel, and personalty. Compare real estate.

FAMILY POT TRUST

See pot trust.

SAMPLE LEGAL CASES

ESTATE OF BOVEE

... Petitioner-Appellant Edward A. Smith (Smith) appeals pro se from the judgment [1] (Judgment) filed on March 9, 2011 in the Circuit Court of the First Circuit (probate court). The probate court denied two petitions (Petitions) filed pro se by Smith on October 22, 2009. ...

IN THE MATTER OF THOMPSON

... 2007) and Rule 34 of the Hawai`i Probate Rules (HPR). HRS § 641-1(a) (1993 & Supp. ... 2007). HPR Rule 34 generally requires the probate court to reduce an order to a separate judgment as a prerequisite for appealability: RULE 34. ...

IN RE GUARDIANSHIP OF FY

... 2008) and Rule 34 of the Hawai`i Probate Rules (HPR). ... provided by the rules of the court." HRS § 641-1(c). HPR Rule 34 generally requires the probate court to reduce an order to a separate judgment as a prerequisite for appealability: RULE 34. ...