LAW OFFICE OF SAMUEL K.L. SUEN, LLLC
  • Home
  • Attorney Profile
  • Estate Planning
  • Probate
  • Conservatorship
  • Guardianship
  • Trust Administration
  • Blog
  • Testimonials
  • Contact

"Intestate Succession" in Hawaii - Dying without a Will

1/13/2012

 
     When a person dies without having made a will, the person is said to have died "intestate".  So, what happens to the property of a person who has died intestate?  In Hawaii, the law provides a default distribution scheme by which the estate will be distributed.  Specifically, Hawaii Revised Statutes Section 560:2-101 to 103 governs intestate succession.  It is also important not to forget that the estate of a person who died intestate will have to go through probate.  
      That being said, the fate of a decedent's assets depends on the decedent's familial situation at the time of his or her death. Did the decedent leave a surviving spouse or reciprocal beneficiary?  Children from another marriage?  No children?  Are his or her parents still alive?  Below is a brief summary outlining the intestacy statute, which provides for a variety of situations.  For brevity and simplicity's sake, "reciprocal beneficiary" is omitted from the examples below, but can be interchanged with "surviving spouse".
     A decedent's entire estate will go to the surviving spouse in these situations:
  • Decedent was not survived by any children or his or her parents; or
  • There are surviving children who are the natural descendants of both the decedent and surviving spouse.  Also, the surviving spouse cannot have any living children who were not from the decedent (i.e. surviving spouse cannot have any living children from another relationship).
     The first $200,000 and 3/4ths of any balance of the estate will go to the surviving spouse if:
  • Decedent did not leave any surviving children, but at least one of the decedent's parents is alive.  The parents will take 1/4th of any balance of the estate. 
     The first $150,000 and 1/2 of any balance of the estate will go to the surviving spouse if:
  • All of the decedent's surviving children are also the children of the surviving spouse, but the surviving spouse has children who are not the decedent's (e.g. surviving spouse has children from another relationship).  Decedent's surviving children will share any balance of the estate equally.
     The first $100,000 and 1/2 of any balance of the estate will go to the surviving spouse if:
  • The decedent left one or more surviving children who are not the children of the surviving spouse (e.g. Decedent had children from another relationship).  Decedent's surviving children will share any balance of the estate equally.
     But what happens if the decedent was not married or is a widow/widower?  Again, it depends on the decedent's familial situation at the time of death.  Below is a summary of the priorities of takers of an estate if the decedent did not leave a surviving spouse.
  1. Decedent's surviving children (e.g. children born out-of-wedlock or children from prior marriage); if none, then...
  2. Decedent's surviving parents (to both equally or to all to the surviving parent); if none, then...
  3. Decedent's siblings or their children; if none, then...
  4. 1/2 to maternal grandparents or their descendants and 1/2 to paternal grandparents or their descendants; if there are no takers on either the maternal or paternal side, the other side will take the other half; if none then...
  5. State of Hawaii.
     As you can see, in order for the decedent's property to escheat to the State of Hawaii a decedent basically has to have no living relatives (or at least none that can be located).  However, some people are not comfortable with the idea of their assets being distributed to distant, unknown relatives and would rather have, for example, a charitable organization benefit from their estate.  If you do not agree with this default distribution scheme, but do not have a Will or Trust, it is imperative that you visit an attorney as soon as possible to have a testamentary instrument drafted so that your wishes will preempt the Hawaii intestate statute.
Peter Hansen link
7/17/2013 03:30:15 am

I have (not finacially appraisable?) original artwork, I would like to give away. Would a will be beneficial?

Cecilia Jane Anderson link
1/30/2014 10:52:01 am

Interesting reading your summation, but does Tenants In Common have any effect on the Intestacy Laws of Hawaii...Please let me know.


Comments are closed.

    Author

    Samuel K.L. Suen is an attorney based in Honolulu, Hawaii specializing in estate planning, probate, conservatorship and guardianship matters.

    Archives

    January 2017
    February 2015
    January 2015
    December 2014
    August 2014
    March 2014
    February 2014
    January 2014
    December 2013
    November 2013
    October 2013
    September 2013
    August 2013
    July 2013
    June 2013
    May 2013
    April 2013
    March 2013
    February 2013
    January 2013
    December 2012
    November 2012
    October 2012
    September 2012
    August 2012
    July 2012
    June 2012
    May 2012
    April 2012
    March 2012
    February 2012
    January 2012

    Categories

    All
    Abuse
    Advance Health Care Directive
    Conservatorship
    Divorce
    End Of Life
    Estate Planning
    Family Law
    Financial Planning
    Guardianship
    Intestate Succession
    Power Of Attorney
    Probate
    Probate Administration
    Real Property
    Retirement
    Tax
    Trust Administration
    Trustee
    Trusts
    Will

    RSS Feed

    DISCLAIMER:  All content and information is provided by The Law Office of Samuel K.L. Suen, LLLC and is for general informational and discussion purposes only and does not constitute legal advice.  Transmission of this information is not intended to create, and receipt does not constitute, a formation of an attorney-client relationship.    The information presented at this site is believed to be accurate when made, but may not be complete, is not updated, reviewed or revised on a regular basis.  No representations or warranties whatsoever, express or implied, are given as to the accuracy, applicability or validity of the information contained herein.  The information may be modified or rendered incorrect by future legislative or judicial developments and may not be applicable to any individual reader's facts and circumstances.  You should not act or rely on this information without consulting with a licensed attorney.
    To ensure compliance with requirements imposed by the IRS, please note that any U.S. federal tax advice contained herein is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter that is contained herein.
    Copyright © 2020 Law Office of Samuel K.L. Suen, A Limited Liability Law Company. All Rights Reserved.
Powered by Create your own unique website with customizable templates.
  • Home
  • Attorney Profile
  • Estate Planning
  • Probate
  • Conservatorship
  • Guardianship
  • Trust Administration
  • Blog
  • Testimonials
  • Contact