What to do about the estate of someone who died without a Will?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do about the estate of someone who died without a Will?
My mother died 9 months ago in HI; I live in CA. My brother is in the house. My mother left no Will or trust as per my brother. He says that my other 2 brothers and I are not entitled to the house, that mom left it for him. He did not notify us of my mother’s death until 2 weeks later. What will happen to the house or what do we do since 3 of us live in CA. and he lives at the house in HI?
Asked on December 30, 2011 under Estate Planning, Hawaii
Answers:
EMMANUEL SOCKS / Socks Law Associates, PLLC
Answered 12 years ago | Contributor
Your mother died intestate, Hawaii has laws regarding the distribution of property in such a case as this. Assuming your mother has no surviving spouse, all surviving children (or descendants by representation) are entitled to a share of the estate. Hawaii Code, §560:2-103.
Depending on other factors including the size of the estate, you will need an attorney to guide you through probate - a court process to determine who gets what.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.