Legal Question in Wills and Trusts in Hawaii

Am I getting bad advice from my lawyer?

Im from PA. and heir to the estate of my brother Leonard who died intestate in Feb 05. His domicile was WA. My brother Carl from HI. is the only other heir. I first became aware of Leonards death in 2006, a year after he died. My brother Carl became aware just days after Leonards death. Carl opened probate in WA. just weeks after leonards death. I obtained documents filed by Carl and his lawyer in WA. in which he states that he is the only surviving heir although he is well aware that I am alive. Carl obtained 100% of the distributive shares in WA. I dont have any idea what Carl got. Inventory was not filed and an estate account was not opened. Carl was appointed PR in WA. in Oct 05. Ancilliary probate is ongoing in Honolulu because my deceased brother owns a home there. There is no mortgage, the home is paid in full. Probate in Honolulu is Supervised because Carl nearly consummated a sale without my knowledge. Carl has been living in the home, rent free, since Leonards death. The home is an estate asset so dont I have a right to petition the court to compel Carl to pay rent, retroactive, from the time Leonard died, proceeds to be deposited in the estate account?

Asked on 9/11/08, 5:07 pm

1 Answer from Attorneys

Patrick Narcisi Narcisi Law Offices, P.C.

Re: Am I getting bad advice from my lawyer?

Can't answer the advice question; but the HI question involves Hawaiian law. You should have legal representation in Washington to pursue an accounting; and you should have counsel in Hawaii as well. If you don't trust the advice you're getting you should get second opinions in those two jurisdictions.

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Answered on 9/25/08, 10:38 am

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