If you or another party to the estate believes that there are legal challenges or conflicts that must be addressed by the Hawaii probate courts, this information should be shared with an estate litigation lawyer in Hawaii as soon as possible. You have many different things to think about in the wake of closing out a loved one’s estate but failing to act on these or to understand the role that you play or the rights you are entitled to could be problematic. Note that in Hawaii the Circuit Court has exclusive jurisdiction over probate matters. HI Rev Stat § 560:1-21
A trust and estate litigation lawyer can help to answer many of the questions you come to the table with, including if you are the beneficiary who wishes to open a will contest or other type of claim against the estate.
Basics of Estate and Trust Litigation in Hawaii
There are many different types of cases that fall under the umbrella of estate litigation but have to do with equitable or legal disputes around estate planning documents like trusts or wills and their validity. Claims of lack of testamentary capacity, undue influence, fraud and duress are some of the most common reasons to open a will contest.
Furthermore, estate litigation goes one step beyond that to include litigating or defending against trustees, beneficiaries, personal representatives, or other parties in cases that involve claims of self-dealing, attacks on validity of estate planning documents or breach of fiduciary duty. Other estate litigation issues can include questions around creditors’ claims, construction of trusts and wills, asset disputes and other disputes that arise in relation to testamentary transfers.
Why Do You Need an Attorney to Help?
These complex matters can involve significant land holding trusts in the state of Hawaii and it is essential to hire the services of an experienced attorney immediately to increase your chances of handling these complex issues. You will want to look for an attorney who has extensive experience in handling estate planning, trust administration, probate litigation, transfer, taxation issues, and business and real property disputes.
An attorney can support someone who is handling a general estate or someone who is in the midst of a conflict with other parties in the estate planning process. Properly submitting information and communicating with beneficiaries is important for anyone put in the position of estate personal representative in Hawaii.
Preparing periodic and final trust accountings or defending against a trustee or executor who has submitted these accountings to court where other beneficiaries refuse to accept it calls on the experience of a dedicated attorney. Unfortunately probate and trust litigation can lead to very complex legal claims. This requires a wide range of legal representation associated with beneficiaries, fiduciaries, creditors or other parties who have some legal relationship to the probated estate.
Complex real estate or business disputes associated with family owned assets throughout the state of Hawaii can make a difficult matter that much more complicated. In all of these circumstances, an involved party needs to be aware of their rights and responsibilities and look for opportunities to minimize potential fallout. It is hard to navigate the process of estate and probate litigation but the support of a lawyer can make this much easier to understand and can give you and other beneficiaries a roadmap for what to expect.
Estate and probate litigation can slow down the administration of an estate in a big way, meaning that beneficiaries who anticipated receiving an inheritance from the estate may have to wait much longer than they anticipated. In any of these circumstances, it’s wise to make sure that the probate litigation attorney you have hired has handled cases like this before.