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My brother died and left me everything in his will. He has a…

Customer Question
Second opinion] My brother...

Second opinion] My brother died and left me everything in his will. He has a house what do I have to do.

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Hawaii

Lawyer's Assistant: What documents or supporting evidence do you have?

Last will and testimony

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I was beneficiary on all his bank accounts and his employment. There is no other sibling. Parents are deceased and his spouse died inv2008

Submitted: 4 months ago.Category: Estate Law
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Answered in 13 minutes by:
12/7/2017
Estate Lawyer: Barrister, Attorney replied 4 months ago
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 41,063
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
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Estate Lawyer: Gerald, Esq, Lawyer replied 4 months ago
Gerald, Esq
Gerald, Esq, Lawyer
Category: Estate Law
Satisfied Customers: 5,103
Experience: Over 30 years of experience
Verified

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

I am working on your answer now. Please bear with me it may take a few minutes.

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Estate Lawyer: Gerald, Esq, Lawyer replied 4 months ago

Hello:

Thank you for your continued patience. I am sorry for your loss and hope that I am able to help you get started on these next steps.

You will need to go to the County Probate Court where your brother lived when he passed away, or where his house was located if he was in a nursing home or other facility.

You will need to take with you a copy of the Will and an original or certified copy of his death certificate.

You will file the Will with the Probate Court and obtain from the court Letters of Testamentary (also called letters of authority or letters of administration).

These letters from the court grant you the authority to act as the personal representative of your brothers estate.

With these letters and with certified copies of his death certificate you will be able to have any funds that are held by financial institutions transferred from your brother's name into your name. Each institution will have their own additional forms that you will have to complete.

Also, if there is any life insurance, retirement plans, or other funds where a named beneficiary is listed, then you will need to contact those institutions as well.

As far as real estate is concerned, you will be able to transfer the deed into your name. Again you will need the letters of authority, the Will, and the death certificate. You can either sell or keep the real estate.

The easiest way to handle the real estate is to contact a real estate settlement company or attorney. They will handle all the real estate paperwork and the costs are fairly low.

If you have a settlement company do the work it is better because it is easier to get refiancing or later sell the house because they can process a "warranty deed."

Alternatively you can do a quit claim deed and deed the property from the estate to yourself. But you may have to redo the deed later i you decide to refinance the house.

For a sample Quit Claim Deed See:

https://eforms.com/deeds/hi/hawaii-quit-claim-deed-form/

Since you are the sole heir you should be able to process the estate fairly quickly. If there are debts that your brother owed they will have to be reconciled out of the estate funds.

The Court will have the forms that you need or you can find them here:

https://www.uslegalforms.com/probate/hawaii/

Also see:

http://www.courts.state.hi.us/docs/court_rules/rules/hpr.htm

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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