What happens to my assets if I die without a will?
In Hawaii, if you die without a will (known as “intestate”), it means you have not legally stated who should receive your assets. In this case, the state will determine how to distribute your property, based on the laws of “intestate succession.” Under these laws, your surviving spouse or domestic partner will be the first to receive your assets, followed by your children or other direct descendants. If you have no surviving spouse or child, your surviving parents will receive your assets, then your siblings, and finally other relatives up to the 4th degree of consanguinity. If you are not survived by any relatives, your assets will become the property of the state. Additionally, if you die without a will in Hawaii, the court may appoint someone to manage your assets and distribute them according to the laws of intestate succession. This person is known as a “personal representative” and they are responsible for ensuring that your assets are distributed equitably and in accordance with the laws of the state. Ultimately, it is best to create an estate plan to ensure that your assets are distributed according to your wishes after your death. A qualified estate planning attorney in Hawaii can help you create a comprehensive estate plan to ensure that your wishes are carried out.
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