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When a person passes, the assets they leave behind are known as their estate. Sometimes, these assets are distributed to named individuals, or beneficiaries, according to the instructions of a will or trust. In other cases, claiming an inheritance can be more complicated. If you’re entitled to an inheritance, here’s what you should know about claiming it.

FAQ About Claiming an Inheritance in Hawaii

How are heirs notified?

If the assets are distributed according to a will or trust, the person in charge of the estate must notify whoever is entitled to an inheritance. If you can’t be contacted or the inheritance wasn’t settled before the death, you’ll have to hire an attorney to review public probate records and develop a case that shows the court you’re a legitimate heir to the estate.

What’s probate, and how can it be avoided?

inheritanceProbate is a process during which inheritable assets are distributed under court supervision. This can be a lengthy and time-consuming process, and probate can only be avoided if the assets are listed on a trust, not a will. Assets transferred from a trust don’t become part of public record. In Hawaii, it’s possible to avoid probate for personal property inheritances valued at $100,000 or less.

What if there is no will or trust?

If the decedent’s assets aren’t named in a will or trust, they must be distributed according to Hawaii’s intestacy laws. Under these laws, spouses are first in line to receive assets. If no spouse is present, the estate will be directed in succession to the deceased’s children, parents, siblings, and then grandparents. This succession will be adjusted if the deceased or their spouse has children from another relationship.

Can you challenge a will?

If you don’t agree with a will, you can challenge the terms in court with the help of an attorney. A will may be proven invalid if there’s proof that it was forged, fraudulent, or created by the decedent under duress.

 

If you want professional assistance claiming an inheritance, contact the legal team at Ng & Niebling in Honolulu, HI. This firm specializes in estate law, and its attorneys will provide counsel on navigating probates, wills, and trusts. To schedule a free initial consultation, send a message online or call (808) 732-7788.

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