Comments on: Proposed New Laws http://okuralaw.com/2009/proposed-new-laws/ Hawii Estate Planning Attorneys Wed, 07 Jul 2010 05:53:34 +0000 hourly 1 http://wordpress.org/?v=3.0 By: sanford http://okuralaw.com/2009/proposed-new-laws/comment-page-1/#comment-235 sanford Wed, 21 Apr 2010 06:41:23 +0000 http://okuralaw.com/?p=283#comment-235 @Dee - I'm sorry, I think there is a misunderstanding somewhere. Are you talking about probate law in Hawaii or in some other state? The probate laws vary from state to state and our in depth knowledge of probate is limited to Hawaii probate law. Also, are you talking about appointment of trustees of a trust or about appointment of personal representatives of a probate estate? There is a difference. In any event, we are not sure where you came up with a 6 month limit. What is the source of this information? @Dee – I’m sorry, I think there is a misunderstanding somewhere. Are you talking about probate law in Hawaii or in some other state? The probate laws vary from state to state and our in depth knowledge of probate is limited to Hawaii probate law. Also, are you talking about appointment of trustees of a trust or about appointment of personal representatives of a probate estate? There is a difference. In any event, we are not sure where you came up with a 6 month limit. What is the source of this information?

]]> By: Dee http://okuralaw.com/2009/proposed-new-laws/comment-page-1/#comment-227 Dee Fri, 16 Apr 2010 18:13:20 +0000 http://okuralaw.com/?p=283#comment-227 As I understand it, if one files in probate court, there is a limit to 6 months to challenge. If it is not filed, it can be challenged at any time. For this reason filing in probate court is a consideration. The eliminated trustees may wait until the value of the estate is available before deciding to challenge. If the value of the estate is enough, that may be cause to challenge their elimination. If the value of the estate is not presented before the six months, do the eliminated successor trustees have any recourse or can they demand to know the value of the estate if it has not been presented by the end of the 6 month period? As I understand it, if one files in probate court, there is a limit to 6 months to challenge. If it is not filed, it can be challenged at any time. For this reason filing in probate court is a consideration.

The eliminated trustees may wait until the value of the estate is available before deciding to challenge. If the value of the estate is enough, that may be cause to challenge their elimination.

If the value of the estate is not presented before the six months, do the eliminated successor trustees have any recourse or can they demand to know the value of the estate if it has not been presented by the end of the 6 month period?

]]> By: sanford http://okuralaw.com/2009/proposed-new-laws/comment-page-1/#comment-222 sanford Fri, 16 Apr 2010 00:46:51 +0000 http://okuralaw.com/?p=283#comment-222 @ Dee - There is no problem in changing a revocable trust during lifetime so long as the Settlor making the change is competent and not being subjected to undue influence. The Settlor can change the successor trustees at any time and those eliminated successor trustees have no recourse. If there is a question as to the Settlor's competency, or if the Settlor is being subjected to "undue influence," then it may be possible for the eliminated trustees to challenge the change. If there is no question about competency or undue influence, it is not necessary to get the probate court involved. @ Dee – There is no problem in changing a revocable trust during lifetime so long as the Settlor making the change is competent and not being subjected to undue influence. The Settlor can change the successor trustees at any time and those eliminated successor trustees have no recourse. If there is a question as to the Settlor’s competency, or if the Settlor is being subjected to “undue influence,” then it may be possible for the eliminated trustees to challenge the change. If there is no question about competency or undue influence, it is not necessary to get the probate court involved.

]]> By: Dee Engelman http://okuralaw.com/2009/proposed-new-laws/comment-page-1/#comment-179 Dee Engelman Mon, 14 Dec 2009 04:07:27 +0000 http://okuralaw.com/?p=283#comment-179 What are the potential problems of changing a revocable trust during a lifetime to exclude trustees at the time of death. What rights do those trustees have to fight the change in a court of law? Is it best under these circumstances to let the estate be handled as a trust or is it advisable to enter it in probate court to start the clock ticking thus allowing only a limited time for the eliminated trustees to respond. In short, is it a good choice to use probate court or does that allow the court to step in to make the decisions and as you have mentioned, bring about potential large legal fees? Is there anything good to be said for this choice? What are the potential problems of changing a revocable trust during a lifetime to exclude trustees at the time of death. What rights do those trustees have to fight the change in a court of law?

Is it best under these circumstances to let the estate be handled as a trust or is it advisable to enter it in probate court to start the clock ticking thus allowing only a limited time for the eliminated trustees to respond.

In short, is it a good choice to use probate court or does that allow the court to step in to make the decisions and as you have mentioned, bring about potential large legal fees? Is there anything good to be said for this choice?

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