Legal Question in Wills and Trusts in Hawaii

I'm asking on behalf of a close friend:

Recently her mother died a couple of weeks ago, in Hawaii where she lived. Her father suffers from the disease Alzheimers, and does not remember anything really.

She left to go clean up her parents place after her father was placed in a Home. Her sister who is apparently also entitled to the house and property has refused to make the same trip to help with legal situations and the burial of their mother (she instead chose to do her husbands birthday)

The sister is having outside family members keep their mouths shut about legal information and my friend has tried to contact the lawyers who are also witholding information from her and keeping her in the dark. Is this illegal? Is there something she can do?

Asked on 2/11/11, 9:52 am

1 Answer from Attorneys

Jon Zahaby Tour bus, scenic and sightseeing, operation

Was a Will or Trust executed? If so, the Will has to be filed with the Hawaii Probate Court. Otherwise, the sister is acting without any authority. Once the will is filed, all beneficiaries have right to go to the court and see it. Beneficiaries can also contest the appointment of the executrix of the Will or can petition the court or dispute any irregularities. Siblings should at least be able to get the answer to the question of whether or not the sister is the Executrix or Trustee. If she cannot get that answered from the Law Firm or Sister she should file an injunction or temporary restraining order stopping all possible transfers of the Mother's property. Aloha, Jon A. Zahaby, Esq.

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Answered on 2/11/11, 10:10 am

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