Pearl Harbor Estate Planning Lawyer, Hawaii
Includes: Gift Taxation
SPONSORED LAWYERS
1-3 of 3 matches. Page 1 of 1
Suzanne T. Terada
Commercial Real Estate, Wills & Probate, Estate Planning, Estate, Labor Law
Status: In Good Standing Licensed: 44 Years
888 Mililani St, Honolulu, HI 96813
Profile LAWPOINTS™34/100
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3054 Ala Poha Pl, Honolulu, HI 96818
Profile LAWPOINTS™26/100
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Christopher Pan
Business & Trade, Commercial Real Estate, Employee Rights, Estate Planning
Status: In Good Standing Licensed: 14 Years
1003 Bishop St., Honolulu, HI 96813
Profile LAWPOINTS™21/100
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LEGAL TERMS
NET ESTATE
The value of all property owned at death less liabilities or debts.
PREDECEASED SPOUSE
In the law of wills, a spouse who dies before the will maker while still married to him or her.
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.'
INCOMPETENCE
The inability, as determined by a court, to handle one's own personal or financial affairs. A court may declare that a person is incompetent after a hearing at ... (more...)
The inability, as determined by a court, to handle one's own personal or financial affairs. A court may declare that a person is incompetent after a hearing at which the person is present and/or represented by an attorney. A finding of incompetence may lead to the appointment of a conservator to manage the person's affairs. Also known as 'incompetency.'
DOWER AND CURTESY
A surviving spouse's right to receive a set portion of the deceased spouse's estate -- usually one-third to one-half. Dower (not to be confused with a 'dowry') ... (more...)
A surviving spouse's right to receive a set portion of the deceased spouse's estate -- usually one-third to one-half. Dower (not to be confused with a 'dowry') refers to the portion to which a surviving wife is entitled, while curtesy refers to what a man may claim. Until recently, these amounts differed in a number of states. However, because discrimination on the basis of sex is now illegal in most cases, most states have abolished dower and curtesy and generally provide the same benefits regardless of sex -- and this amount is often known simply as the statutory share. Under certain circumstances, a living spouse may not be able to sell or convey property that is subject to the other spouse's dower and curtesy or statutory share rights.
ADMINISTRATION (OF AN ESTATE)
The court-supervised distribution of the probate estate of a deceased person. If there is a will that names an executor, that person manages the distribution. I... (more...)
The court-supervised distribution of the probate estate of a deceased person. If there is a will that names an executor, that person manages the distribution. If not, the court appoints someone, who is generally known as the administrator. In some states, the person is called the 'personal representative' in either instance.
PUBLIC ADMINISTRATOR
Someone appointed by a probate court to oversee probate proceedings when a person dies without a will or heirs, and his or her property is expected to pass to t... (more...)
Someone appointed by a probate court to oversee probate proceedings when a person dies without a will or heirs, and his or her property is expected to pass to the state. Some states have public administrators who are responsible for temporarily preserving the assets of an estate if there are disputes about specific provisions in the will or about who will be appointed the regular administrator.
DISTRIBUTEE
(1) Anyone who receives something. Usually, the term refers to someone who inherits a deceased person's property. If the deceased person dies without a will (ca... (more...)
(1) Anyone who receives something. Usually, the term refers to someone who inherits a deceased person's property. If the deceased person dies without a will (called intestate), state law determines what each distributee will receive. Also called a beneficiary.
PROBATE
The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased pers... (more...)
The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased person's affairs identifying and inventorying the deceased person's property paying debts and taxes identifying heirs, and distributing the deceased person's property according to the will or, if there is no will, according to state law. Formal court-supervised probate is a costly, time-consuming process -- a windfall for lawyers -- which is best avoided if possible.
SAMPLE LEGAL CASES
Arquette v. State
... 10. [In or around November 2001], the various investigations [by OCP, Insurance Division, and
SEB] indicated that Dan Fox (Fox) and other persons were selling large deferred annuities to
elderly Hawaii consumers using the purported estate planning services of attorney ...
Young v. Van Buren
... In evaluating whether to impose a duty on an attorney to a non-client for malpractice in the
estate planning context, the Hawai`i Supreme Court adopted a test which applies the six
factors set forth in Lucas v. Hamm, 364 P.2d 685, 687-88 (Cal. 1961). ...
Schiller v. Schiller
... He stated that each year his mother forgave $10,000 of the amount he owed on the loan as
a gift to him as part of her estate plan. Martin had signed paperwork for his mother's estate
planning, but he actually did not know whether he signed had the Note. ...
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