I currently have a Revocable Trust dated 6/1/1992. It is very outdated and I am in the process of updating the trust. I am wondering if I made additons aadded people to myaddrkchangroutdaeld and Because it is very old and I am in the process of updating the Trust. In the meantime I typed signed and had someone witness my letters indicating my current wishes on the distribution of my estate hold should anything happen to me before I am able to update the trust.
My question is would these letters serve as a legal document and would the estate be able use these letters to distribute my estate (as these are my wishes)?
1 Answer from Attorneys
There are specific requirements for Wills in Hawaii pursuant to Hawaii Revised Statutes �560:2-502 Execution; witnessed wills; holographic wills. (a) Except as provided in subsection (b) and in sections 560:2-503, 560:2-506, and 560:2-513, a will must be:
(1) In writing;
(2) Signed by the testator or in the testator's name by some other individual in the testator's conscious presence and by the testator's direction; and
(3) Signed by at least two individuals, each of whom signed within a reasonable time after the individual witnessed either the signing of the will as described in paragraph (2) or the testator's acknowledgment of that signature or acknowledgment of the will.
Remember that the Will still goes through Probate so you should also appoint someone as your Executor so that they may help distribute your assets. There are plenty of other options and precautions that are beyond the scope of this answer. You may want to talk to an Attorney at some point to make sure your wishes are properly carried out. Aloha, Jon A. Zahaby, Esq.
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