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Faizan
Intestate succession or inheritance is what happens when you don't leave a will or the will you make is not valid. In such cases, the court takes over to determine who gets your assets and in what percentages. This decision isn't arbitrary; it's set by statute. Hawaii's laws are similar to those in most other states, with your spouse, your children and your parents inheriting first.
Your Spouse's Share
If you're married at the time of your death, your spouse will always receive at least a portion of your estate. How much she receives depends on several complicated factors, however. If you have no children and your parents predecease you, your spouse gets everything in Hawaii. If you're survived by children or your parents, she only gets a percentage -- unless your children are also her children, and she has no children from another relationship. In this case, she will inherit your entire estate.
Your Children's Share
If your surviving spouse is also your children's parent, they won't inherit from you if you die without a will, provided she has no other children of her own. If you're not legally married at the time of your death, however, your children receive your entire estate, regardless of who their other parent is or was. If your spouse has children from another relationship, she receives the first $150,000 of your estate and half the balance, and your children receive the remaining half. If you have children from another relationship, your descendants receive half your remaining estate after your spouse receives the first $100,000. She gets the other half. Legally adopted children are treated as your natural-born children, and if you conceive a child who's born after your death, he still inherits under the statutory terms.
Your Parent's Share
If your parents outlive you, they will not inherit property from you under Hawaii's intestate laws unless you leave no children. If you're married but have no children, your spouse receives the first $200,000 of your estate and 75 percent of the balance, with your parents receiving the remaining 25 percent. Your parents will inherit your entire estate if you leave no spouse or children.
Other Relatives
If you leave no children, no spouse and no living parents, the state of Hawaii will do its best to find a more distant relative to take your property. Your estate would next go to your siblings, if you have any. Your grandchildren will inherit if their parents are also deceased. If you leave none of these surviving relatives, the state gives your property to your grandparents or to their descendants -- your aunts, uncles or cousins. If the court cannot locate anyone, your estate escheats to the state, which means Hawaii receives your property more or less by default.
Other Rules
Dying without a will does not mean that your estate doesn't have to pass through probate. In fact, probate becomes even more important because the court must implement all the rules for intestate inheritance. Only the assets in your probate estate pass to your relatives according to the state's laws for intestate succession. Any assets you own with designated beneficiaries, such as insurance policies, bank accounts or retirement benefits, go directly to the persons you've named. Your surviving kin must outlive you by at least 120 hours -- five days -- to inherit from you under Hawaii's intestate laws. Otherwise, property that would have gone to them goes to the next relative in line.
Your Spouse's Share
If you're married at the time of your death, your spouse will always receive at least a portion of your estate. How much she receives depends on several complicated factors, however. If you have no children and your parents predecease you, your spouse gets everything in Hawaii. If you're survived by children or your parents, she only gets a percentage -- unless your children are also her children, and she has no children from another relationship. In this case, she will inherit your entire estate.
Your Children's Share
If your surviving spouse is also your children's parent, they won't inherit from you if you die without a will, provided she has no other children of her own. If you're not legally married at the time of your death, however, your children receive your entire estate, regardless of who their other parent is or was. If your spouse has children from another relationship, she receives the first $150,000 of your estate and half the balance, and your children receive the remaining half. If you have children from another relationship, your descendants receive half your remaining estate after your spouse receives the first $100,000. She gets the other half. Legally adopted children are treated as your natural-born children, and if you conceive a child who's born after your death, he still inherits under the statutory terms.
Your Parent's Share
If your parents outlive you, they will not inherit property from you under Hawaii's intestate laws unless you leave no children. If you're married but have no children, your spouse receives the first $200,000 of your estate and 75 percent of the balance, with your parents receiving the remaining 25 percent. Your parents will inherit your entire estate if you leave no spouse or children.
Other Relatives
If you leave no children, no spouse and no living parents, the state of Hawaii will do its best to find a more distant relative to take your property. Your estate would next go to your siblings, if you have any. Your grandchildren will inherit if their parents are also deceased. If you leave none of these surviving relatives, the state gives your property to your grandparents or to their descendants -- your aunts, uncles or cousins. If the court cannot locate anyone, your estate escheats to the state, which means Hawaii receives your property more or less by default.
Other Rules
Dying without a will does not mean that your estate doesn't have to pass through probate. In fact, probate becomes even more important because the court must implement all the rules for intestate inheritance. Only the assets in your probate estate pass to your relatives according to the state's laws for intestate succession. Any assets you own with designated beneficiaries, such as insurance policies, bank accounts or retirement benefits, go directly to the persons you've named. Your surviving kin must outlive you by at least 120 hours -- five days -- to inherit from you under Hawaii's intestate laws. Otherwise, property that would have gone to them goes to the next relative in line.
Posted in: Estate Laws
