PRESERVE YOUR LEGACY,
PROMOTE FAMILY HARMONY.
We prepare documents with your important goals in mind: 1. Control my property while I am alive and well; 2. Provide for myself and my loved ones if I become mentally incapacitated; 3. When I die, I want to give what I have to a. whom I want, b. the way I want; and c. when I want; 4. I want to minimize the impact of professional fees, and court fees as much as possible.
Our services are geared towards each client’s individual needs. We extend our services for home/hospice/hospital calls in an emergency situation (please ensure that you have mental capacity), if needed.
Preparation of documents including–a Last Will and Testament, Durable Power of Attorney, Advance Health Care Directive, Declaration of Disposition of Remains, HIPAA Authorization and Release, and any other necessary documents.
Preparation of documents Including–a Trust, a pour-over will, certification of Trust, Deed(s) to Trust (if applicable), Assignment of Tangible Properties, Memorandum for Tangible Properties, Durable Power of Attorney, Advance Health Care Directive, Declaration of Disposition of Remains, HIPAA Authorization and Release, and any other necessary documents.
Probate is the legal process through which the court makes sure that, after you die, your will is valid, your debts are paid and your assets are distributed according to your will. If you do not have a will in the State of Hawaii, your assets are distributed pursuant to the Hawaii Revised Statutes.
Probate is the only legal way to change the title on an asset when the person listed as the owner cannot sign his or her name (in the event of death or mental incapacity). Your family and friends can’t just sign for you. Only the Court can change titles after you die. We will take this burden off of you in times of grief, by handling this process for you.
If you were a resident of another state, have passed away and have gone through or is going through probate in that state, but you also own real property(ies) in the State of Hawaii, you will go through an ancillary probate proceeding to distribute your real property(ies) in Hawaii to your heirs, in accordance with your main probate.
Avoiding Probate does not mean that there are no paper work to be done, in the event of the death of your loved one. It is highly recommended that you retain an estate planning attorney to guide you step by step on what needs to be done as the successor Trustee. We will work with your accountant to ensure that necessary tax documents are filed and trust accounting is done and handle the legal aspect necessary to administer your Trust.
If you already have an existing estate planning (Will based or Trust based), we would be happy to review them for you and update your plan as necessary. Triggering factors of when an individual should make an appointment for a review of their existing estate plan usually includes, but not limited to, moving to Hawaii from another state, as well as occurrences of major life changing events including, but not limited to marriage, divorce, birth of a child, death of a family member.
Minor children without parents and older adults with diminished capacity may need someone to care for their day to day needs, medically or otherwise. The appointment of a guardian will have to go through a legal process. We are experienced in handling guardianships of all types, including minor children, incapacitated adults, and emergency guardianships for adults who are in danger of harming themselves or others. While we are on this topic, it is important to name a guardian in your Will, if you have minor children.
Your minor children are not legally able to inherit from you until they become of age. In the meantime, if you do not have a Trust, the Court will have control and oversight regarding the management of the assets you leave behind for your minor children, including appointing someone to be in charge of and manage the finances on behalf of your minor children. We recommend that you set up a Trust to avoid this particular aspect of the legal process through Court.
We handle simple conveyances for existing clients that are essential to funding their Trusts, name change through Probate or ancillary probate, and Trust Administrations.