- Divorce
- Premarital AgreementIn Hawaii, premarital agreements are governed by the Hawaii Uniform Premarital Agreement Act, which was enacted in 1987 and codified under Hawaii Revised Statutes Chapter 572D. The following are some important points to keep in mind for prenuptial agreements...
- GuardianshipA guardianship is a legal proceeding where a court appoints someone to protect the interests of an individual (the "proposed protected person") who may not be able to act for him or herself by reason of being 1) a minor (defined as an unempancipated individual who is under eighteen years old) or 2) an incapacitated person. In Hawaii, guardianships are governed by Article V of Section 560 of the Hawaii Revised Statutes. Family Court has exclusive jurisdiction over guardianships for minors and concurrent jurisdiction with Probate Court over guardianships for incapacitated persons.
- Spousal SupportEffect upon spousal support. A premarital agreement can modify or eliminate payment of spousal support and alimony upon divorce.
- Real Estate Transactions"Limited" or "Special" Power of Attorney: A power of attorney can be modified and tailored to a give a person authority to only act in a particular situation. A limited or special power of attorney can limit the time the authority is effective and restrict the authority bestowed upon the agent. An example would be giving a person a special power of attorney to sign documents for a real estate transaction.
- Estate Planning
- Wills"I wish to take this time to thank you and your firm for representing me in assistance with my Last Will and Testament and your service, excellence and kindness!"
- Trusts
- Power of AttorneyA "power of attorney" is a legal document in which a person (the "principal") appoints another as his or her "attorney-in-fact". The attorney-in-fact has the authority to do those acts that are specified in the power of attorney. The terms of a power of attorney can be drafted to give the attorney-in-fact the authority to act for the principal in a broad range of circumstances. This is called a "general power of attorney". On the other hand, the power of attorney may be narrowly drafted and only apply to a specific set of situations (e.g. executing real estate documents). This is called a "special power of attorney". In Hawaii, Hawaii Revised Statutes Chapter 551D embodies the Uniform Durable Power of Attorney Act, which provides guidance on how a power of attorney should be treated.
- ProbateAvoiding Probate. All property transferred to a revocable trust will avoid the probate process upon the decedent's death. This means property may be held or distributed pursuant to the trust terms to beneficiaries without having to go through the court-supervised process known as probate. This is especially important for people who own real property since Hawaii probate law mandates that real property interests are subject to probate.