Frequently Asked Questions

1. What is estate planning, and why is it important?

Estate planning is the process of organizing your assets, wishes, and responsibilities so they’re handled according to your instructions if you pass away or become incapacitated. A solid estate plan helps protect your loved ones, avoid unnecessary taxes, and minimize court involvement through probate.

2. Do I need an estate plan if I don’t have many assets?

Yes. Estate planning isn’t just for the wealthy — it’s for anyone who wants to make things easier for their loved ones. Even a simple plan can designate who receives your belongings, who makes medical or financial decisions if you can’t, and how your children are cared for.

3. What documents are included in a typical estate plan?

Most Hawai‘i estate plans include:

  • Last Will and Testament

  • Revocable Living Trust

  • Durable Power of Attorney

  • Advance Health Care Directive

  • HIPAA Authorization

  • Your attorney will customize these documents based on your specific family and financial situation.

4. What’s the difference between a will and a trust?

A will outlines your wishes but must go through probate court, which can be time-consuming and public. A trust helps your estate bypass probate, providing privacy and faster distribution of assets. Many Hawai‘i families choose trusts for the added protection and flexibility.

5. What is probate, and can it be avoided in Hawai‘i?

Probate is the legal process of settling someone’s estate after death. It can take months or even years, depending on complexity. Establishing a revocable living trust is the most common way to avoid probate in Hawai‘i and ensure your assets transfer smoothly.

6. How often should I update my estate plan?

You should review your plan every 3–5 years or anytime a major life event occurs — such as marriage, divorce, birth of a child, property purchase, or a move to or from Hawai‘i. Keeping your plan current ensures your wishes are still accurately represented.

7. What happens if I move out of Hawai‘i or own property on the mainland?

Because estate laws vary by state, your plan should be reviewed if you move or acquire property outside Hawai‘i. A local attorney can coordinate with out-of-state counsel to make sure your trust and deeds are properly structured.

8. Can I do my estate plan online or with a template?

Online templates may seem convenient, but they often don’t comply with Hawai‘i’s specific legal requirements. Working with a licensed Hawai‘i estate planning attorney ensures your documents are valid, enforceable, and tailored to local laws.

9. What happens if I die without a will in Hawai‘i?

If you pass away without a will, the Hawai‘i intestacy laws determine who receives your assets — not you. This often leads to family disputes and delays. Creating even a basic will helps you stay in control of your legacy.

10. How much does estate planning cost in Hawai‘i?

Costs vary depending on the complexity of your situation. Most local firms offer flat-fee packages for common estate plans, so you’ll know the price upfront. Many also provide free consultations to help you understand your options.

11. How can I get started?

Start by scheduling a consultation with our estate planning team. We’ll review your goals, assets, and family situation, and outline a clear, step-by-step plan to protect what matters most.