What to do about the estate of someone who died without a Will?

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What to do about the estate of someone who died without a Will?

My mother died 9 months ago in HI; I live in CA. My brother is in the house. My mother left no Will or trust as per my brother. He says that my other 2 brothers and I are not entitled to the house, that mom left it for him. He did not notify us of my mother’s death until 2 weeks later. What will happen to the house or what do we do since 3 of us live in CA. and he lives at the house in HI?

Asked on December 30, 2011 under Estate Planning, Hawaii

Answers:

EMMANUEL SOCKS / Socks Law Associates, PLLC

Answered 9 years ago | Contributor

Your mother died intestate, Hawaii has laws regarding the distribution of property in such a case as this. Assuming your mother has no surviving spouse, all surviving children (or descendants by representation) are entitled to a share of the estate. Hawaii Code, §560:2-103

Depending on other factors including the size of the estate, you will need an attorney to guide you through probate - a court process to determine who gets what.


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