Complimentary Consultation
Are you looking for law services? Not many law firms offer a free complimentary initial consultation. We prefer it. That first meeting gives you and our firm a chance to make certain that there is a comfort level, so important to the attorney client relationship.
If you need a Will or Trust, the consultation will include a written price quotation. Just contact us at (808) 396-4080 to schedule your consultation either at our Hawaii Kai location or by video phone call. Limited evening and Saturday appointments are available.
It all starts with the first decision and that is deciding to decide and make the call.
Estate Planning Services
At your first consultation we will advise whether we think you need a will or a trust to plan your estate and tell you how much it will cost. Not everybody needs a trust, but if you do we can plan your estate to avoid federal estate taxes, Hawaii inheritance tax and avoid the time expense and headaches of a probate for your heirs.
Probate Services
If you do need a probate, you will most likely need an attorney to file the necessary documents and assist you through the process. If you are a potential heir and are concerned about the handling of an estate or an ongoing probate, give us a call. We will be able to advise you if your concerns are adequately represented or whether you should hire your own attorney.
Guardianship and Conservatorship
An incapacitated adult is an individual who is unable to receive and evaluate information or make or communicate decisions. If a family member is unable to effectively manage their financial affairs due to age irately, or any type of cognitive impairment, such as dementia, or Alzheimer’s disease, that individual will need the appointment of a guardian and a conservator.
A guardian is an individual appointed by a court for a minor or an incapacitated adult. A court appointed guardian has the authority to make legal and medical decisions on behalf of the minor or incapacitated adult. A guardianship may be limited, and it may be temporary or permanent depending on the circumstances.
A conservator is appointed by the court in a protective proceeding to manage the estate and financial affairs of a minor or incapacitated adult. A court appointed conservator manages the property, assets and investments of the protected person, deposits income like retirement or social security and pays the person’s bills consistent with a monthly budget approved by the court.
The Family Court has exclusive jurisdiction over guardianship of a minor child, and the Probate Court has jurisdiction in cases seeking the appointment of a Conservator or both a Conservator and Guardian for an incapacitated adult.
Premarital Agreements
A Premarital Agreement is an agreement between prospective spouses made in contemplation of marriage to be effective upon marriage. A premarital agreement is an enforceable contract that must be signed by both parties.
There are three types of marital contracts: the premarital or prenuptial agreement, a marital contract agreed to during the marriage and an agreement Incident to Divorce (AITD) that governs property disposition in a divorce.
Our Hawaii statute permits prospective spouses to contract prior to their marriage to control the disposition of their property upon separation, divorce or death, the modification or elimination of spousal support /alimony. Further an AITD can govern ownership rights and disposition of a death benefit from life insurance and the disposition of personal property.
A premarital agreement only becomes effective if the parties later get married. A premarital agreement is enforceable unless it is proven to a Court that the challenging party did not execute the agreement voluntarily or the agreement is unconscionable because there was an inadequate financial disclosure.