What are the rights of a surviving spouse?
In Hawaii, the rights of a surviving spouse are dictated by the laws of inheritance. A surviving spouse has the right to inherit the entire estate of their deceased spouse if no other heirs were named in a valid will. However, if the deceased had children, the surviving spouse is entitled to all of the personal property (e.g. clothes, furniture, jewelry) and 1/3 of the real estate (e.g. land, house). The remaining 2/3 of the real estate must be divided among the children, grandchildren, or other heirs. In some cases, a surviving spouse may receive an additional portion of the estate if the deceased had children from a prior relationship. In those instances, the surviving spouse is entitled to a larger share of the real estate, typically 2/3, rather than 1/3. In addition to the above, a surviving spouse may also be eligible for spousal elective share benefits, which are determined by factors such as the length of the marriage, the value of the estate, and any valid prenuptial agreements. This portion of the estate is intended to provide for the financial security of the surviving spouse. It is important to note that a surviving spouse may waive their inheritance rights in order to pass the estate onto other heirs, as long as they do so in accordance with Hawaii’s inheritance laws.
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