Honolulu Wills & Probate Lawyer, Hawaii


Includes: Estate Administration, Living Wills, Wills

Edward JSF Smith Lawyer

Edward JSF Smith

VERIFIED
Bankruptcy & Debt, Divorce & Family Law, Estate, Immigration, Wills & Probate

Mr. Smith's experience encompasses divorces involving military spouses, domestic abuse, and interstate child abduction and parental kidnapping issues,... (more)

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800-889-9630

Mary Jane Connell

Business Organization, Wills & Probate, Estate Planning
Status:  In Good Standing           

Bart M. Koza

Wills, Wills & Probate, Estate, Corporate
Status:  In Good Standing           

James H. Seki

Tax, International, Wills & Probate, Estate Planning
Status:  In Good Standing           
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Samuel Suen

Estate, Trusts, Wills & Probate, Power of Attorney
Status:  In Good Standing           Licensed:  13 Years

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Harry Y. Oda

Wills & Probate, Estate Planning, Corporate, Business Organization
Status:  In Good Standing           Licensed:  34 Years

C. F. Damon

Trusts, Estate, Wills
Status:  Inactive           

Natasha Rani Lum

Wills & Probate, Trusts, Wills, Personal Injury
Status:  In Good Standing           Licensed:  13 Years

Justin Adam Brackett

Reorganization, Wills & Probate, Bankruptcy
Status:  In Good Standing           Licensed:  16 Years

Earl T. Sato

Real Estate, Civil Rights, Trusts, Wills & Probate
Status:  Inactive           Licensed:  45 Years

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LEGAL TERMS

PROBATE COURT

A specialized court or division of a state trial court that considers only cases concerning the distribution of deceased persons' estate. Called 'surrogate cour... (more...)
A specialized court or division of a state trial court that considers only cases concerning the distribution of deceased persons' estate. Called 'surrogate court' in New York and several other states, this court normally examines the authenticity of a will -- or if a person dies intestate, figures out who receives her property under state law. It then oversees a procedure to pay the deceased person's debts and to distribute her assets to the proper inheritors. See probate.

GROSS ESTATE

For federal estate tax filing purposes, the total of all property owned at death, without regard to any debts or liens against the property or the costs of prob... (more...)
For federal estate tax filing purposes, the total of all property owned at death, without regard to any debts or liens against the property or the costs of probate. Taxes are due only on the value of the property the person actually owned (the net estate) plus the amount of any taxable gifts made during life. In a few states, the gross estate is used when computing attorney fees for probating estates; the lawyer gets a percentage of the gross estate.

SPENDTHRIFT TRUST

A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the benefi... (more...)
A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the beneficiary as needed, and sometimes paying third parties (creditors, for example) on the beneficiary's behalf, bypassing the beneficiary completely. Spendthrift trusts typically contain a provision prohibiting creditors from seizing the trust fund to satisfy the beneficiary's debts. These trusts are legal in most states, even though creditors hate them.

HEIR APPARENT

One who expects to be receive property from the estate of a family member, as long as she outlives that person.

FAMILY ALLOWANCE

A certain amount of a deceased person's money to which immediate family members are entitled at the beginning of the probate process. The allowance is meant to ... (more...)
A certain amount of a deceased person's money to which immediate family members are entitled at the beginning of the probate process. The allowance is meant to help support the surviving spouse and children during the time it takes to probate the estate. The amount is determined by state law and varies greatly from state to state.

NONPROBATE

The distribution of a deceased person's property by any means other than probate. Many types of property pass free of probate, including property left to a surv... (more...)
The distribution of a deceased person's property by any means other than probate. Many types of property pass free of probate, including property left to a surviving spouse and property left outside of a will through probate-avoidance methods such as pay-on-death designations, joint tenancy ownership, living trusts and life insurance. Property that avoids probate is sometimes described as the 'nonprobate estate.' Nonprobate distribution may also occur if the deceased person leaves an invalid will. In that case, property will pass according to the particular state's laws of intestate succession.

INVESTOR

A person who makes investments. An investor may act either for herself or on behalf of others. A stock broker or mutual fund manager, for instance, makes invest... (more...)
A person who makes investments. An investor may act either for herself or on behalf of others. A stock broker or mutual fund manager, for instance, makes investments for others who have entrusted her with their money.

ESTATE TAXES

Taxes imposed by the state or federal government on property as it passes from the dead to the living. All property you own, whatever the form of ownership, and... (more...)
Taxes imposed by the state or federal government on property as it passes from the dead to the living. All property you own, whatever the form of ownership, and whether or not it goes through probate after your death, is subject to federal estate tax. Currently, however, federal estate tax is due only if your property is worth at least $2 million when you die. The estate tax is scheduled to be repealed for one year, in 2010, but Congress will probably make the repeal (or a very high exempt amount) permanent. Any property left to a surviving spouse (if he or she is a U.S. citizen) or a tax-exempt charity is exempt from federal estate taxes. Many states now also impose their own estate taxes or inheritance taxes.

IRREVOCABLE TRUST

A permanent trust. Once you create it, it cannot be revoked, amended or changed in any way.

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. ...