• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Hawaii Real Estate Problem

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

elena36459

Junior Member
What is the name of your state? Hawaii

I am trying to clear up my 73 year old Mothers asset problem. Her partner of 20 years (they never married) died in 1995. He owned a little store that she worked and managed. He was sickly so he did little. She did this for 15 years. The day he died, his sisters and children went into their home and took whatever they could find of his, clothes, paperwork, coin collections. My mother did not fight for anything - in the end, because of in-fighting, they (his children) lost most of the assets, the store, cars, etc... The only thing my mother had was a small piece of land that we have just now discovered was purchased as tenants in common. His estate has been settled for years and his children were aware of the land and said (verbally) she could keep it. She has been paying all of the taxes and would now like to sell to make sure that her funeral expenses are covered. She survives only on social security, lives with my sister and the land is her only asset.

What steps do we need to take to sell it? Does it have to go back to the probate? Why wasn't this taken care of during the settlement of the will? My mother is elderly and is not educated in these matters. I am in California trying to help her sell it. Any help will be appreciated!! Thank you!
 


HomeGuru

Senior Member
elena36459 said:
What is the name of your state? Hawaii

I am trying to clear up my 73 year old Mothers asset problem. Her partner of 20 years (they never married) died in 1995. He owned a little store that she worked and managed. He was sickly so he did little. She did this for 15 years. The day he died, his sisters and children went into their home and took whatever they could find of his, clothes, paperwork, coin collections. My mother did not fight for anything - in the end, because of in-fighting, they (his children) lost most of the assets, the store, cars, etc... The only thing my mother had was a small piece of land that we have just now discovered was purchased as tenants in common. His estate has been settled for years and his children were aware of the land and said (verbally) she could keep it. She has been paying all of the taxes and would now like to sell to make sure that her funeral expenses are covered. She survives only on social security, lives with my sister and the land is her only asset.

What steps do we need to take to sell it? Does it have to go back to the probate? Why wasn't this taken care of during the settlement of the will? My mother is elderly and is not educated in these matters. I am in California trying to help her sell it. Any help will be appreciated!! Thank you!

**A: this property should have been in probate. Who is on title; your mother and her partner?
 

elena36459

Junior Member
A: this property should have been in probate. Who is on title; your mother and her partner?

Yes, they are on title as tenants in common. What I don't understand is why the land did not go into probate. We are not in communication with Ronald's (my mom's former partner) family. We were not included or informed about anything regarding probate because they were never married - but they were together for 20 years. I felt she had rights to the assets as a common-law wife but she did not want to fight the family. They verbally acknowledged to her that she could have the land - it wasn't worth much at the time.

I would like to know what rights my mother has legally before I approach Ronald's family. I am not sure how to proceed. Do I hire a probate lawyer? Can I get them to sign something? What are her rights? I would appreciate any advice. Thank you!
 

HomeGuru

Senior Member
elena36459 said:
A: this property should have been in probate. Who is on title; your mother and her partner?

Yes, they are on title as tenants in common. What I don't understand is why the land did not go into probate. We are not in communication with Ronald's (my mom's former partner) family. We were not included or informed about anything regarding probate because they were never married - but they were together for 20 years. I felt she had rights to the assets as a common-law wife but she did not want to fight the family. They verbally acknowledged to her that she could have the land - it wasn't worth much at the time.

I would like to know what rights my mother has legally before I approach Ronald's family. I am not sure how to proceed. Do I hire a probate lawyer? Can I get them to sign something? What are her rights? I would appreciate any advice. Thank you!

**A: the state of Hawaii does not recognize common law marriages. But if the land is in her name as a tenant in common, she owns 50%. Consult with a probate attorney.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top