Best Estate Planning Lawyers in Hawaii

About Estate Planning Law in Hawaii, United States

Estate planning in Hawaii is the process of arranging how your assets and property will be managed and distributed if you become incapacitated or after your death. Hawaii's estate planning laws help residents outline their final wishes, protect their families, and possibly minimize estate taxes and court involvement. Common estate planning documents include wills, trusts, powers of attorney, and advance health care directives. Hawaii law has its own unique considerations, including how property is titled, treatment of native Hawaiian lands, and rules regarding probate proceedings.

Why You May Need a Lawyer

A lawyer experienced in estate planning can help you understand your options and ensure that your documents comply with Hawaii law. Common situations where legal help is valuable include:

• Drafting a will or trust that reflects your wishes and complies with local regulations
• Planning for minor children or dependents with special needs
• Minimizing state and federal estate taxes
• Setting up health care directives and powers of attorney
• Making arrangements for unique assets such as local real estate, timeshares, or native Hawaiian lands
• Handling blended families or complex family arrangements
• Probating a loved one’s estate in Hawaii after their passing

Local Laws Overview

Estate planning in Hawaii is primarily governed by the Hawaii Revised Statutes (HRS), especially Chapters 531 to 560A. Key aspects of Hawaii's local laws include:

• Probate Process: Hawaii uses the Uniform Probate Code, which streamlines estate administration, but probate may still be required without proper planning.
• Small Estate Affidavit: If the estate’s value is under $100,000, heirs may use a simplified process.
• Community Property Rules: Hawaii is not a community property state, but "elective share" rules protect surviving spouses.
• Trusts: Revocable living trusts are popular tools for avoiding probate in Hawaii.
• Advance Directives: Both health care directives and durable powers of attorney are valid under Hawaii law.
• Inheritance Tax: Hawaii has its own estate tax, which may apply if the estate exceeds certain thresholds.
• Unique Real Property Issues: Specific rules may apply for Hawaiian Home Lands and other local property interests.

Frequently Asked Questions

What is probate, and does every estate in Hawaii have to go through it?

Probate is the court process for settling a deceased person's estate. Not every estate must go through full probate. Estates under $100,000 may qualify for a simplified small estate process. Estates with assets in trust or with proper beneficiary designations can also avoid probate.

Do I need a will if I have a trust?

Yes, most attorneys recommend a "pour over" will alongside a trust. This ensures that any assets not transferred to the trust during your lifetime are still distributed according to your wishes.

What happens if I die without a will in Hawaii?

If you die without a will (intestate), Hawaii law determines who inherits your assets. Spouses, children, parents, and sometimes other relatives may inherit according to state statutes, not necessarily according to your wishes.

How can I avoid Hawaii estate taxes?

Careful estate planning, including the use of trusts and lifetime gifts, can help reduce or eliminate Hawaii estate taxes for many individuals. A lawyer can help create a plan that addresses state and federal tax concerns.

Are handwritten wills valid in Hawaii?

Yes, Hawaii recognizes handwritten (holographic) wills if they meet legal requirements, such as being signed by the testator and demonstrating clear intent. However, using a standard will prepared with legal advice is safer.

Who should be my executor or personal representative?

Choose a trustworthy individual, such as a relative, friend, or professional, who is willing and able to handle financial and legal responsibilities. In Hawaii, the executor must be at least 18 years old and not legally incapacitated.

How often should I update my estate plan?

You should review your estate plan every few years and after major life changes, such as marriage, divorce, the birth of a child, or significant changes in assets or the law.

Can my estate plan address my health care wishes?

Yes, Hawaii residents can use advance health care directives and durable powers of attorney to name a health care agent and describe their medical treatment preferences if they cannot communicate.

What if I have property in multiple states?

If you own property both in Hawaii and elsewhere, your estate plan should account for each state’s laws. Often, a trust is used to avoid multiple probate proceedings.

What special considerations apply to Native Hawaiian land?

Native Hawaiian lands may be subject to specific restrictions on ownership and transfer. Estate planning for such lands requires careful review of applicable laws and consulting with an attorney familiar with these issues.

Additional Resources

If you need further information or assistance regarding estate planning in Hawaii, consider the following resources:

• Hawaii State Judiciary - Probate Court information and forms
• Hawaii Department of the Attorney General - Consumer resources
• Hawaii State Bar Association - Lawyer referral services
• Legal Aid Society of Hawaii - Free or low-cost legal assistance
• University of Hawaii Elder Law Program - Educational materials for seniors

Next Steps

If you need legal assistance with estate planning in Hawaii:

• Gather information about your assets, family, and goals
• Make a list of questions or concerns you have about your estate
• Contact a Hawaii estate planning attorney to schedule a consultation
• Request references or check local bar association listings to find a reputable lawyer
• Bring relevant documents to your first meeting, such as prior wills, trusts, or property deeds