Hawaii Renunciation of Legacy

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Multi-State
Control #:
US-0672BG
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Word; 
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Description

The term legacy has different meanings, but in a legal sense, it is used to refer to a bequest in a will. Technically, legacy does not include real property (which is a devise), so legacy usually refers to a gift of personal property or money to a beneficiary (legatee) of a will. The laws of the individual states govern the matter of wills and estates, and lay down the rules for any waiver of inheritance.

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FAQ

17. Rule 17 - Withdrawal of Pleading (a) Procedure. A party may withdraw a petition or objection that has been scheduled for hearing by giving immediate notice of the withdrawal to the court and requesting that the hearing be stricken from the calendar.

126. Rule 126 - Trust Proceedings (a) Petition. A trustee or interested person shall commence any proceeding relating to a trust by filing a petition complying with Rule 3.

If the client's consent cannot be obtained or if the attorney finds it necessary to withdraw because of a conflict of interest under Rule 42(b) or (c), an attorney may withdraw as counsel only upon filing a petition to withdraw, giving notice to the client, and receiving the approval of the court.

Rule 15 - Amended and Supplemental Pleadings (a) Amendments. A party may amend its pleading once as a matter of course at any time before a responsive pleading is served or oral answer made.

Rule 20 of the Hawaii Probate Rules allows the probate court to assign a contested matter to the civil trial calendar in circuit court, where formal discovery can begin.

If any party objects to the form of a proposed order, that person shall within 5 days serve upon the prevailing party and deliver to the court a statement of that party's objections and the reasons for failing to approve, if any, the form of the party's proposed order. Thereafter, the court shall settle the order.

Probate in Hawaii is necessary when a person dies owning any real estate in his or her name alone, no matter how small the value of the real estate. Probate is also required when the total value of all ?personal property? owned in his or her name alone is worth more than $100,000.

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Hawaii Renunciation of Legacy