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1 Answer | Asked in Estate Planning for Hawaii on
Q: My sister said that she was in charge of dividing my mother's estate. I havent even seen the will. How do I make her

Show me the will?

Nina Whitehurst
Nina Whitehurst answered on Apr 27, 2020

The will should be lodged in with the probate court by now, and you can get a copy from the court as it is now a public document. If your sister has not yet opened probate, then you can hire an attorney and open a probate yourself and the judge can require your sister to turn over the will.

1 Answer | Asked in Bankruptcy for Hawaii on
Q: Are my stocks exempt from Chapter 7 Bankruptcy in Hawaii?

I am filing a ch.7 bankruptcy in the near future. The only assets I have are a car valued at $1200 and around $2500 in stocks. Thats it, no savings or money in my checking. Can they come after my stocks? I am pretty sure my car is exempt but I am wondering if they can come after my stocks if they... Read more »

Timothy Denison
Timothy Denison answered on Apr 27, 2020

You should be able to protect the stocks with your exemptions.

1 Answer | Asked in Civil Litigation for Hawaii on
Q: I do not have a license or insurance and was rear ended will their insurance pay my repairs and can I get in trouble?
Tim Akpinar
Tim Akpinar answered on Apr 24, 2020

This is something on which a Hawaii attorney should advise, as it would be governed by state law. But your post remains open for four weeks. Until you obtain meaningful guidance from a Hawaii attorney, a general premise applied in many jurisdictions is that an accident victim without insurance... Read more »

1 Answer | Asked in Car Accidents for Hawaii on
Q: my daughter bumped into a parked car while backing out of a driveway. She panicked and kept driving.

the owner was in the car. Came to our house and told us what had happened. We called our daughter and she came back. She has autism and was scared. There was a dent on our car but nothing on the parked car. She apologized to the owner. Police gave her a citation to appear in court. What can she... Read more »

Peter N. Munsing
Peter N. Munsing answered on Apr 23, 2020

A lot depends on what the charge is. If it's for a minor "failure to pay attention" then pay the fine and move on.

If it's for leaving the scene, that can be serious and it's worth at least consulting an attorney who handles traffic court if that's where it's headed.

1 Answer | Asked in Estate Planning, Landlord - Tenant and Probate for Hawaii on
Q: After I pass away, Will my residential property give to my wife when the property is my parents and I in title.

My father, mother and I in our residential property title. How will the property split its ownership when one of us passed away. Can someone argue to fight to own the property when one of us passed away.

Timothy Denison
Timothy Denison answered on Apr 21, 2020

One would have to see the deed to properly answer this question but probably it will be owned by right of survivorship, which means after first of you die, owned by other two. After the second dies, it goes solely to the last person living.

1 Answer | Asked in Employment Law and Immigration Law for Hawaii on
Q: Filing unemployment but my I-551 card does not have exp. date, what should I put on the unemployment application?
Adan Vega
Adan Vega answered on Apr 18, 2020

You are a permanent resident. If you lose your resident card or you are in possession of a resident card that is expired or a version that has no expiration date, you are and, in fact , remain a permanent resident until you voluntarily abandon that status or a judge rules that you are no longer a... Read more »

1 Answer | Asked in Employment Law, Admiralty / Maritime and Arbitration / Mediation Law for Hawaii on
Q: I have a situation with a union that requires me to fly out to another State to their medical facility for a physical.

If I don’t the Union will not “clear” me to work. Amid the Covid-19 outbreak I have asked if the Union has designated “local” areas in my Home State where we can complete annual physicals while reducing the risk of spreading or contracting COVID-19. Their answer was no, and that there... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 7, 2020

The maritime unions are dealing with some extraordinary measures in light of this virus, particularly for vessels operating in the Pacific. There have been newly implemented measures involving restriction of crews to vessels, cessation of crew rotations, etc. Given the current atmosphere, unions... Read more »

1 Answer | Asked in Criminal Law for Hawaii on
Q: Is this 291-3.3(b) a misdemeanor? or is it an infraction (like a jay-walking ticket)?
Michael Fayard
Michael Fayard answered on Mar 6, 2020

It’s a violation, much like a traffic ticket. It is generally offered when the state can’t prove a DUI.

1 Answer | Asked in Criminal Law for Hawaii on
Q: I am being accused of theft

I am being accused of theft in the 4th degree by an ex employer. I got a call from a detective asking me to come down to the station and have an “interview” I asked what’s the process? He then stated he first has to read my my rights and then it’ll take about 15-20 minutes. Does this mean I... Read more »

Michael Fayard
Michael Fayard answered on Feb 23, 2020

If a detective is calling you to "talk" about a case, it usually means that detective is trying to build a case against you in order to make an arrest. In other words, the detective is only wanting to talk to you because s/he doesn't have enough evidence to get a warrant or to arrest you, yet. The... Read more »

1 Answer | Asked in Personal Injury for Hawaii on
Q: Is there any case law referencing liability of property owner for injuries incurred by falling coconut
Tim Akpinar
Tim Akpinar answered on Feb 15, 2020

You'll probably have to run searches on either publicly or commercially available case law databases in jurisdictions where the issue arises. It isn't something that most lawyers in the mainland U.S. would readily have available at their disposal as a common reference. Good luck

Tim Akpinar

1 Answer | Asked in Immigration Law for Hawaii on
Q: Recommend a US sponsor letter for my friend in Venezuela with a B2 visa to have their I94 approved for 6 months?

Concern that she won’t be approved to stay given the nature of Venezuela at the moment

Hector E. Quiroga
Hector E. Quiroga answered on Feb 12, 2020

It wouldn’t hurt; however, the burden is on your friend to show that they will return to Venezuela and the end of their visit.

1 Answer | Asked in Trademark for Hawaii on
Q: I would like to trademark a term that has been previously abandoned by someone else - what's the process?

The trademark is marked as abandoned, I don't know the previous owner and do not see the term in use.

Robyn T. Williams
Robyn T. Williams answered on Feb 11, 2020

If you'd like to file an application for federal registration of a trademark that was previously registered by another, you should first have a comprehensive search conducted. If there are no problematic references located during the search, you will be able to file an application for registration... Read more »

1 Answer | Asked in Car Accidents for Hawaii on
Q: Suing a parking garage for damages to my car as a result of failure to maintain a traffic control device.

I was driving into the Hale Pauahi public parking garage on 155 N. Beretania St, Honolulu, and my car hit a triangular piece of metal that was installed as a traffic control device. The metal object was the exact same color as the wall and it had scratches and markings that made it practically... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 29, 2020

You could possibly have a case. More information would be needed to make a more meaningful assessment. Keep in mind that as a general rule, claims involving public entities in many jurisdictions require compliance with notice of claim statutes. This means that in addition to a statute of... Read more »

1 Answer | Asked in Criminal Law for Hawaii on
Q: Am i required to take a UA because I am on supervise release even though i havent been sentenced or charged yet?

I was released on supervise release and part of my terms and conditions is to call a number and if my color is called i need to go in a give them a Urine sample. If i havnt actually been sentence for the crime yet can they really tell me i need to do a UA?

Even if they have no reason to... Read more »

Michael Fayard
Michael Fayard answered on Jan 25, 2020

Unfortunately, yes. You can be required to provide a UA if it is part of your pre-trial release. Generally, it is mandatory if the court ordered it. Sometimes a motion can be filed to change the terms and conditions of the pre-trial release, but you would need a good reason to drop the potential... Read more »

1 Answer | Asked in Probate for Hawaii on
Q: Application from informal appointment of personal representative without will

Served today, dad passed 2012, wife put restraining order and wasn't able to pay for probate to fight for our dad's property back

Nina Whitehurst
Nina Whitehurst answered on Dec 21, 2019

Your post contains only statements of fact, no question capable of being answered. Please repost in the form of a question.

Please understand, however, that this forum is for questions of a general nature. If you need help with your individual facts and circumstances, usually a...
Read more »

1 Answer | Asked in Car Accidents for Hawaii on
Q: What reasons would warrant jail time for a hit and run?

I was driving without my license and hit a parked vehicle. No one was injured but both my vehicle and the other vehicle suffered damages. I did not stop and proceeded my house 3 blocks down to retrieve my wallet and wanted to calm down before I headed back to see the owners of the vehicle. After... Read more »

Peter N. Munsing
Peter N. Munsing answered on Dec 4, 2019

You can make a claim that while you technically left the scene you were in the viscinity getting your ID etc. If you left a note on the vehicle you could fight the ticket. Make sure your insurance covers it and a judge may let you off as you agree you did it, went to get your insurance... Read more »

2 Answers | Asked in Probate for Hawaii on
Q: power of attorney was given to me by my nephew who has since passed away. Does his death mean the POA is invalid?
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 25, 2019

A power of attorney usually dies with the person.

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1 Answer | Asked in Business Law for Hawaii on
Q: Hi I have basically recreated a picture of an elephant I saw on shutter stock for my business logo. Am I ok legally?
Tim Akpinar
Tim Akpinar answered on Nov 23, 2019

Try reposting in the Copyright and Trademark sections. This is something practitioners in those areas would know about. Good luck

Tim Akpinar

1 Answer | Asked in Car Accidents for Hawaii on
Q: I was hit by a van that wrecked my car. He was covered by Far mers Insurance. They refuse to help me because they can't

Contact their client. Can I sue Farmers for not fixing my car. They just ignore me

Tim Akpinar
Tim Akpinar answered on Nov 19, 2019

You could do that, or you might be able to go through your carrier in a first-party claim, depending on your policy. If your policy covers the loss, your carrier could then pursue damages through the other driver's policy (provided that liability is conceded by Farmers - which seems to be an open... Read more »

1 Answer | Asked in Civil Rights, Criminal Law and Federal Crimes for Hawaii on
Q: I filed a police report for Unauthorized computer access, because perpetrators were hacking onto my security cameras.

The Detective said there was a cliche with my system. We contacted tech support and they said it's not a cliche. Due to an increase in hacking of our system we filed a 2nd report. Without contacting us and only looking at the evidence we summited in our report. The investigator has concluded... Read more »

Gary Kollin
Gary Kollin answered on Nov 14, 2019

glitch not cliche

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