Family dynamics are complicated. It is not uncommon for people to drift in and out of your life. But even if you are not on speaking terms with certain relatives, it’s only natural to wonder who is entitled to their estate when they die. If a family member recently passed and you’re wondering whether you have the right to claim an inheritance, taking the following steps will help. 

Determine If There Is a Will 

Depending on how much contact you had with the deceased, you might not know if they wrote a will. Typically, executors must notify all beneficiaries named in the will. If you are not on good terms with the executor, though, or think they might not know how to reach you, review the will yourself. If the document exists, it will eventually appear among the public records at the county clerk’s office where the deceased lived or claimed permanent residency.

The probate court should respect the terms of a valid will, so reviewing it may be enough to discern whether an inheritance is warranted. However, there are scenarios in which state laws can override the terms of estate planning documents.  

Review the State's Inheritance Laws

If you were legally married to the deceased at the time of their passing, you may be entitled to a portion of their estate, regardless of the terms of the will. Although Hawaii is a separate property state, a surviving spouse may claim a percentage of the deceased’s estate even if they were not named a beneficiary. The total percentage will depend on the length of the marriage. For example, if the couple was married for at least 15 years, the surviving spouse is entitled to 50% of the estate. 

Reviewing the state’s inheritance laws can also provide guidance if there was no will at all. In such a scenario, the laws of intestate succession would apply. In Hawaii, there is a hierarchy of beneficiaries. If someone dies without a will, possible heirs include a spouse, children, parents, and siblings.

If you need help interpreting Hawaii’s inheritance laws, turn to Ng & Niebling in Honolulu. For more than four decades, this firm has helped individuals and families navigate complicated probate proceedings. They also assist clients with planning for all eventualities and will show you how to protect your loved ones long after you are gone. To request a free initial consultation with Jeffrey Niebling or his associates, visit their website or call (808) 732-7788.