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Jessica B
Jessica B,
Category: Estate Law
Satisfied Customers: 2380
Experience:  Attorney at Donald B. Linsky & Associates, PA
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In Hawaii, for non probate distribution of deceased assets,

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In Hawaii, for non probate distribution of deceased assets, how can inheritors, told by deceased Mom before death, that she has a will make the oldest brother with a copy of that will show the will to other inheritors? He has not provided an accounting, given $1,100 to each inheritor, and we know he is stealing assets. But because assets may be under $100,000, no real property or real estate, he is not required to file with probate Court....
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: Hawaii
JA: What documents or supporting evidence do you have?
Customer: Copies of $1,100 checks, knowledge that one of the 8 sibling inheritors watched the person with the will take $62,000 from a bank account he claims was left by deceased to maintain her grave. Also, life insurance policies believed to exist... We can't confirm will or deceased Mom's accounts or assets, he refuses, flat out to show any documentation. Account he wrote checks b from say deceased name and his name trust account, which also says set up in 2000! We can't figure anything out and since non probate, we don't know what legal action to file to force him to provide documentation.
JA: Anything else you want the lawyer to know before I connect you?
Customer: He had earlier distributed assets from Mom's house sold in a family trust 2 years ago, and wouldnt show docs then, and for over $400,000 house with no mortgage he only distributed $80,000, but since Mom was alive no one wanted to take legal action and cause family legal battles causing her distress.

Hello. My name is ***** ***** I am a licensed attorney. I hope I may be of assistance with your question. Please remember to rate my service at the end of this session. Thank you!

First, you need to write a letter to the executor of the Will and the Trustee of the Trust demanding copies of any and all documents of the Will and Trust. Send the letter certified so that you have a receipt. The reason you do this first is that if it goes to court, you will be able to show the court that you gave notice, the executor ignored the request, and you tried to resolve the issue without going to court.

Second, with the life insurance you may contact the company directly if you are a named beneficiary of the policy.

Third, you may file a Petition with the court demanding an accounting of the estate and trust. Your brother would then be under a court order to provide an accounting or be held in contempt of court.

Customer: replied 6 months ago.
What type of filing? A petition before what court? No court is involved, and I can't find a statute to cite for filling a petition unless the will is already in probate, which of course it will never be... I found a statute saying I can file a request for notification when probate is filed... Not really useful statute. What legal basis to I cite for a petition, and do I call the petition? And what case do I file it under??

Here are the statutes governing Trust Accountings:

http://www.courts.state.hi.us/docs/court_rules/rules/rgta.pdf

You would need to file a Petition for Administration and formally open a probate so that you have a venue in which to file the Petition and demand an accounting.

Jessica B and 2 other Estate Law Specialists are ready to help you
Customer: replied 6 months ago.
It's a catch 22... Law appears to say I have to have will to file anything with the court... ???

Not exactly. You may tell the court that there is a Will in existence and that the individual in possession of the Will is refusing to file it with the court.

Customer: replied 6 months ago.
That statute is useful, but it's regarding trusts, which is a separate legal issue, I'm trying to find how to pursue information about the will that the deceased told her 8 sons and about before her death. Thanks!
Customer: replied 6 months ago.
I appreciate your help, I'm not trying to be a complainer, just trying to make sure I pin down legal and statutory basis, remedy, etc. I believe your suggestion about certified mail is an excellent idea!!
Customer: replied 6 months ago.
The person with the will does not have to file it with court if under $100,000 assets and no real property...

From what you described the assets are in a Trust Account. You stated the bank account was titled in the name of trust.

You are correct about not being required to file the Will but now you are presenting a challenge to the Will and requesting information regarding the Will. Under this scenario the courts need to see the Will in order to hear your arguments.