I already know the framework for the composition of the augmented estate, i.e. what properties are included in what sections of the Hawaii probate law. My question has not been answered as it may be a case of first impression not only in Hawaii but perhaps throughout the entire US.
The issue is whether under HRS §560-209, the retired military surviving spouse' s military pension and disability pay will be applied first, if at all, so as to reduce that retired military surviving spouse's entitlement to his elective share. In other words, is the military pension a "public pension" and his disability pay a "disability compensation" under HRS §560:208(b)(2)? In my opinion, I don't believe they are encompassed in those definitions.
As I had surmised, the issue of whether military pensions and military disability pay has not been litigated anywhere in the context of the composition of the augmented estate.
To be fair to you, military "pensions" are treated differently from other "public pensions", and in some cases are not treated as "pensions" per se.
Moreover, there are cases which state the federal pre-emption doctrine trumps state laws when military pensions and disability compensation are involved.
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