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Intestate Succession in Hawaii

If you die without a will in Hawaii, your assets will go to your heirs under the intestate succession rules in Hawaii.

Introduction to the Intestate Succession Rules in Hawaii

The following chart gives a short introduction of who gets what under intestate succession, in the event the deceased dies without a will.

If you die leaving:

Who succeeds to assets:

Children but no spouse

Children inherit all

Spouse but no descendants or parents

Spouse inherits all

Spouse and descendants from you and that spouse, and the spouse has no other descendants from another relationship

Spouse inherits all

Spouse and descendants from you and that spouse, and the spouse has descendants from another relationship

Spouse inherits $150,000 of your intestate property plus ½ of the balance

Your descendants inherit everything else

Spouse and descendants from you and a person other than that spouse

Spouse inherits $100,000 of your intestate property plus ½ of the balance

Your descendants inherit everything else

The intestate succession rules are difficult to navigate, but you can see that if one dies leaving only a spouse without children, or a spouse and children who were all born between the deceased and his/her spouse, then the spouse inherits everything, which is easy to understand. The rules for inheritance become complicated when the deceased or his/her spouse had a previous marriage and had children therefrom.

Conclusion

As many people die without a will, it is a good idea to be aware of the intestate succession rules in Hawaii.

Article Source/Courtesy of: Yuka Hongo, Esq. (Hongo Law Office, LLLC)
This information is not intended to be a substitute for specific individualized tax, legal or estate planning advice as individual situations will vary. HawaiiEstateAndTrust.com nor its registered representatives or employees, offer tax or legal advice. As with all matters of a tax or legal nature, you should consult with your tax or legal counsel for advice.

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