The loss of a loved one is emotionally devastating. You wonder what will happen to you and your family, and what you need to do first. When you add to this the need to make important financial decisions while in mourning, the whole situation can seem overwhelming. At Obenauf Law Group, our Maui probate attorneys understand how you are feeling and can help you navigate the complicated probate process compassionately and efficiently. We have the experience to handle every detail, no matter how complex your situation might be.
The trust administration process can be complex. It involves a wide range of responsibilities and duties, including statutory notice requirements, distributions to beneficiaries in the manner dictated by the trust, prompt payment of expenses, compliance with the prudent investor rule, accounting to beneficiaries and, if required, to the Court. It is important to note that failing to administer a trust properly can have serious legal and financial consequences for the trustee. If you have been named as a trustee, we can explain the process, your responsibilities, and the risks involved, as well as guide you through the process and work with any existing advisors and fiduciaries.
In short, you do not have to go through the probate and/or trust administration process alone. We are here to help, so that you and your family can focus on what is most important: coming to terms with your loss and moving on with your lives.
Contact us here to assist you and your family during this time.
We’re so committed to helping seniors and their loved ones get the care they need, we started a whole podcast about it. You can find the Taking Care of Tutu podcast wherever you listen to podcasts.
In Hawaii, the probate process typically involves:
The length of the probate process varies depending on the complexity of the estate, whether the will is notarized, and whether there are any disputes. At a minimum, the probate process will take months.
When someone has a trust and titles their assets in the trust, there is not a need for probate. The person in charge of the Trust is called the Successor Trustee, and their job is to manage the trust according to the terms set forth in the trust document. The Successor Trustee will need to pay expenses and distribute the assets to the beneficiaries according to the terms of the trust.
We provide compassionate, efficient legal assistance throughout the probate and trust administration processes. We can help you navigate the complexities of probate, assist with trust administration, and ensure your responsibilities are properly handled, so you can focus on your family and emotional well-being.
If disputes arise, such as disagreements among beneficiaries or creditors, your job as Trustee or Personal Representative is to resolve them. If you are unable to do so, we can assist you in finding a mediator or litigation attorney.