Several situations may enable you to contest the validity of a will submitted for probate in Hawaii. If you believe the will of your loved one is not accurate or legally valid, you may be able to question it in court. Legal grounds to contest a will The courts in Hawaii do not allow challenges to wills without sufficient evidence. Some potential reasons to dispute the validity of these documents include: Undue influence: This refers to when an individual faces coercion or pressure when creating a will, resulting in a plan that does not accurately reflect your loved one’s wishes Proba ..read more

Litigation is sometimes the only way to resolve a business dispute. However, there are drawbacks to bringing your business problems into the courtroom. Another option is using mediation, a form of Alternative Dispute Resolution or ADR, to settle your issues. You and the other party may already have an ADR clause in the business contract you signed. About ADR Alternative Dispute Resolution offers a choice of mediation or arbitration to resolve business disputes without having to resort to litigation. The difference is that the result of arbitration is legally binding. Not so with mediation. In ..read more

Litigation is sometimes the only way to resolve a business dispute. However, there are drawbacks to bringing your business problems into the courtroom. Another option is using mediation, a form of Alternative Dispute Resolution or ADR, to settle your issues. You and the other party may already have an ADR clause in the business contract you signed. About ADR Alternative Dispute Resolution offers a choice of mediation or arbitration to resolve business disputes without having to resort to litigation. The difference is that the result of arbitration is legally binding. Not so with mediation. In ..read more

Small business owners never want to find themselves facing a lawsuit, but they must prepare for what some experts say is inevitable. When litigation looms, your personal worth and the life of your business are on the line, but you can rely on the safeguards you put in place. Understand your personal liability Lawsuits can arise from any direction: suppliers, competitors, a departed employee, a disgruntled business partner. As a small business owner, you do not have the kind of protection that large corporations enjoy. One serious legal entanglement could cost tens of thousands of dollars and j ..read more

If a person owes money to creditors when that person dies, creditors have a right to attempt to collect debts from an estate that is in probate. The estate must pay creditors before beneficiaries can receive any distributions from the estate. State and federal laws govern the specific rights creditors have to an estate. Obligations of the executor The executor of an estate must fulfill three duties: Gather the assets of the estate Pay creditors Distribute assets to beneficiaries If the executor fails to pay creditors before distributing assets, the creditors may pursue the beneficiaries for un ..read more

The parties to a business contract must carry out the obligations set forth in that contract. The failure to fulfill obligations under the agreement results in a breach of contract. There are several remedies to consider at this point. One of them is known as “specific performance.” About breach of contract In legal terms, the failure of one party to fulfill its contractual obligations constitutes a breach of contract. Causes include financial problems, disputes, delays and other unexpected events. To resolve the problem, a first step is often some form of alternative dispute resolution. Succe ..read more

A surprising number of people perish without a will. According to the American Association of Retired Persons, six out of 10 U.S. adults did not have one in 2017. What happens if you die without writing a will though? Your spouse Hawaii intestate laws generally dictate that your assets pass on to your closest living relatives if you fail to create a last will and testament before death. Your spouse receives everything if you have no living parents or children and if your only offspring are with said individual. If you leave behind kids from a separate or previous relationship, the law entitles ..read more

Trusts are a legal tool that can offer the creator greater control over the distribution of assets. The trust is administered by a named trustee, who then distributes the assets to the beneficiaries. But what happens when the trustee makes a mistake? Trustees are expected to act in the beneficiary’s best interests Trustees have a fiduciary duty to the beneficiaries of the trust. In this case, a fiduciary duty is a legal duty to act in the best interest of a beneficiary. A trustee agrees to take on a fiduciary duty to manage the assets of a trust for the benefit of the named beneficiaries. Thes ..read more

I established this blog to share stories and information about topics relevant to my practice. My intent is to regularly provide posts highlighting legal issues of local, state and national interest that I think you will find interesting. Check back later for updates.  ..read more

Small business owners never want to find themselves facing a lawsuit, but they must prepare for what some experts say is inevitable. When litigation looms, your personal worth and the life of your business are on the line, but you can rely on the safeguards you put in place. Understand your personal liability Lawsuits can arise from any direction: suppliers, competitors, a departed employee, a disgruntled business partner. As a small business owner, you do not have the kind of protection that large corporations enjoy. One serious legal entanglement could cost tens of thousands of dollars and j ..read more