Foster Law Offices delivers practical, efficient and cost-conscious legal advocacy to those facing the loss of a loved one. We represent individuals and families in the filing and administration of probate cases on Hawai’i Island.
We concentrate on cases where the death of a loved one was caused by the negligence of a driver in an auto accident; or other negligent or intentional acts results in a claim for money damages against the individual/entity responsible for the loved one’s death.
The word probate can trigger many different emotions. The process to deal with a deceased loved one’s financial affairs can seem overwhelming on so many levels.
However, the word probate simply refers to the legal process required to transfer assets from a deceased loved one to devisees (when a loved one has a Will) or heirs (when a loved one has no Will). Probate is required under Hawai’i law to settle claims, pay debts and bills, and distribute assets. Probate may not be required if a loved one has transferred assets prior to death to a Trust or other entity created for estate planning purposes.
In Hawai’i, Probate is required if a deceased loved one owns real estate (of any value); or if the loved one owns personal property (bank accounts, stocks/bonds, etc., but vehicles are not counted) valued over $100,000. If real estate is owned in a Trust or was transferred by the loved one prior to her/his death, Probate may not be required.
If the loved one’s Estate consists of personal property with a value less than $100,000, Hawai’i law provides a process by which a person entitled to inherit the personal property signs/notarizes a document called an “Affidavit for Collection of Personal Property” (click here for the Affidavit –
(https://www.courts.state.hi.us/docs/form/hawaii/3CE210.pdf).
Here is a general timeline for a Hawai’i Probate case:
Hawai’i law provides the persons and priority for serving as a Personal Representative:
§560:3-203 Priority among persons seeking appointment as personal representative. (a) Whether the proceedings are formal or informal, persons who are not disqualified have priority for appointment in the following order:
When a loved one dies due to the negligence of a third party; or when the loved one dies while a personal injury case is pending, the attorneys representing the insurance company/party at fault for the death/injuries may require Probate court approval for any settlement.
Under Hawai’i law, a loved one’s Estate, heirs and other individuals may recover money damages based on the “wrongful death” of the loved one. A wrongful death action may be commenced not later than two (2) years following the date of death. Examples of Wrongful Death cases include: Auto Accidents; Product Liability (Defective Products); Slip/Trip and Fall; Premises Liability; and Intentional Acts such as Homicide.
There are many types of money damages available to family members in a Wrongful Death case. Examples of money damages and persons entitled to pursue a Wrongful Death case can be found in HRS 663-3(b):
(b) In any action under this section, such damages may be given as under the circumstances shall be deemed fair and just compensation, with reference to the pecuniary injury and loss of love and affection, including:
by the surviving spouse, reciprocal beneficiary, children, father, mother, and by any person wholly or partly dependent upon the deceased person.
In many cases, insurance companies who agree to settle a Wrongful Death case will require Probate Court approval as a requirement of the settlement. The approval requires first that a Probate case be opened and a Personal Representative be appointed. A petition to approve the settlement to include a description of the case, the terms of the settlement as well as the proposed distribution of the settlement proceeds may be required to be filed with the Probate Court. Interested parties must be provided with notice of the proposed settlement and a hearing must be scheduled with the Probate Court.
At the hearing, the Probate judge will hear arguments in favor of the proposed settlement, (as well as any objections), then will render a decision. In most cases insurance companies will not pay a settlement prior to the Probate Court issuing a decision on the petition to approve the settlement.
For more information about Hawai’i Probate law, Wrongful Death and Personal Injury cases where a loved one has died as a result of an auto accident or other negligent/intentional act, Foster Law offers a free consultation to answer questions and discuss your legal needs.
20+ Years Experience In Personal Injury Law
Jeff was wonderful in helping me settle a claim for a boat accident in Hawaii where I broke my arm and required surgery. He was friendly and patient in helping explain the process, legal terms, etc. and helping me successfully navigate the process to settle with the insurance company. Highly recommended!
Today marks two years since my car accident. From the bottom of my heart I want to thank everyone at the Foster Law Offices for their guidance during this challenging time.
THANK YOU from my family to yours
From the moment I met Jeff, he was kind, helpful, and always looking out for my best interests. His guidance, support, and professionalism throughout the entire legal process helped me feel so at ease. I was impressed with his legal skills, as well as the outcome of my case, and I highly recommend him to anyone looking for a great lawyer.
I would highly recommend Jeff and his team for any legal needs you may have. They are very professional yet friendly and kept us informed every step of the way. We were from out of town and even with the time difference they were always available to answer any questions. We were very satisfied with the attention to our case and the outcome. They will work for you and you won’t be disappointed!
Jeff was great after a car accident in which I had a spinal injury due to a dunk driver rear ending my car Jeff step in and made me feel comfortable and confident i would get what I deserved and in the end I definitely felt like I got what I deserved thanks Jeff
Aloha everyone. My situation was a delicate one. When I first met Jeff, I was just out of my initial stay at a rehabilitation hospital and about three weeks after awakening from coma. Even with a significant brain injury, I was able to determine that my circumstance required an attorney. Like most people, I had no idea where to turn. I found myself thumbing through a telephone directory and found a listing for local attorneys that somehow, I felt I knew. I vaguely remembered seeing their sign along the roadside each day as I passed. So, I called them. After several days and multiple attempts, the only person I spoke with was a receptionist. None of the attorneys at this firm even took the time to speak with me directly. Finally, the receptionist informed me that she had been told by the attorneys that they felt that they had no reason to speak with me. That there would be nothing to be gained by taking any legal action. I was, and still am, dumbfounded. The following day, the random idea came to my mind to call the Hawai’i state bar association, seeking a referral. I had spoken with a couple of attorneys on O’ahu (that at least bothered to speak with me) and was considering hiring one of them who was already talking about flying to the Big Island to meet with me. Then the referral from the bar association came and Jeff responded immediately to my call. After speaking over the phone, we set up a time to meet the following day. That was nearly four years ago. Choosing Jeff Foster has turned out to be one if the best decisions I have ever made. Most legal matters ended about a year ago. There were several, as there were several parties involved that could be, and were, held accountable in one way or another. All ended with negotiated settlements and did not evolve into a trial. Of course, I cannot divulge the size of these settlements, however, I think I can comfortably state that they were substantial. None of this would have happened were I to have accepted what I had been told by lawyers who communicated through a receptionist. Personal injury law is a well-structured game of sorts. Jeff Foster plays it very well. He may not be a canoe surfer, as some attorneys tell use on their websites, but he is an accomplished attorney. Don’t hesitate. Get Jeff involved. You won’t ever second guess your decision.
Jeff and Ryan maximized what was due to me and worked hard to reduce my due medical bills substantially.
They are wonderful people to work with. Aloha
Highly recommended! After I was injured, Jeff helped me navigate an insurance settlement along with everything else that comes with a personal injury case. Given what he had to work with, Jeff helped me get a more than fair settlement from the other insurance company. Then he continued to negotiate with my insurance provider to minimize the amount I owed for my medical bills.
I wish I had hired Jeff sooner! It would have protected me early in the situation and saved me tons of stress. Jeff and his office were a pleasure to work with. I wouldn’t hesitate to recommend Jeff to anyone who is looking for the best possible outcome from their personal injury.
I hands down recommend working with Jeffrey! He is very easy to talk to, very well educated in his field & straight the point. His patience with me while healing my injuries & his attention to detail throughout the entire process made a mountain feel like an ant hill! He is a very honest & compassionate attorney who makes you feel heard & important, which I found extremely important when feeling like I had no voice after my unfortunate accident. If there was ever a reason I needed to I would work with Foster Law Offices again! Thank you for helping me through a tough situation!
I signed up with Jeff after I was rear ended while at a stop. I needed several surgeries and still suffer. Jeff and Ryan worked hard to make sure I’m compensated for all my loss and pain. They also worked with medical companies to reduce my bills by 50%!
Jeff Foster and his team assisted me in successfully collecting a sizable settlement from my insurance company. We worked great as a team and Jeff Foster delivered on each and every promise. I especially appreciated how attentive Jeff was, always answering my calls and how much concern and care he treated me with. I am so happy to have Jeff as my attorney and would recommend him to anybody in need of one.
I came across Jeff Foster by way of referral from a law firm in Phoenix, AZ in mid-2020. I was injured in Hawaii and had surgery and rehab in my hometown of Goodyear, AZ. The long-range complaint, representation, and settlement were great and nearly flawless. Thank you very much Jeff.
Aloha everyone. My situation was a delicate one. When I first met Jeff, I was just out of my initial stay at a rehabilitation hospital and about three weeks after awakening from coma. Even with a significant brain injury, I was able to determine that my circumstance required an attorney. Like most people, I had no idea where to turn. I found myself thumbing through a telephone directory and found a listing for local attorneys that somehow, I felt I knew. I vaguely remembered seeing their sign along the roadside each day as I passed. So, I called them. After several days and multiple attempts, the only person I spoke with was a receptionist. None of the attorneys at this firm even took the time to speak with me directly. Finally, the receptionist informed me that she had been told by the attorneys that they felt that they had no reason to speak with me. That there would be nothing to be gained by taking any legal action. I was, and still am, dumbfounded. The following day, the random idea came to my mind to call the Hawai’i state bar association, seeking a referral. I had spoken with a couple of attorneys on O’ahu (that at least bothered to speak with me) and was considering hiring one of them who was already talking about flying to the Big Island to meet with me. Then the referral from the bar association came and Jeff responded immediately to my call. After speaking over the phone, we set up a time to meet the following day. That was nearly four years ago. Choosing Jeff Foster has turned out to be one of the best decisions I have ever made. Most legal matters ended about a year ago. There were several, as there were several parties involved that could be, and were, held accountable in one way or another. All ended with negotiated settlements and did not evolve into a trial. Of course, I cannot divulge the size of these settlements, however, I think I can comfortably state that they were substantial. None of this would have happened were I to have accepted what I had been told by lawyers who communicated through a receptionist. Personal injury law is a well-structured game of sorts. Jeff Foster plays it very well. He may not be a canoe surfer, as some attorneys tell us on their websites, but he is an accomplished attorney. Don’t hesitate. Get Jeff involved. You won’t ever second guess your decision.
Working with Jeff was truly a pleasure. You will never find a more professional, hard-working, and thorough lawyer to represent you. I am a first time home buyer but had to walk away from one purchase because of foundation issues that the seller didn’t disclose at the start of the purchase process. Jeff helped me work through issues with a very-difficult-to-work-with seller and his lawyer, and ended up getting them to “settle” by giving me all of the disputed money and paying his attorney’s fees. Jeff is a straight shooter. He’ll tell you right away whether or not you have a good case and guide you through the process in an extremely thoughtful and methodical way. He’s a very good communicator and kept me in the loop throughout the entire case. I was also very refreshed to find that Jeff is a very ethical person and just an all-around good human being. He truly cares about his clients and wants to make this as smooth a process as possible for you. He won’t just weigh the money involved but also how much stress it could cause. Life is about much more than just money, and Jeff has a very good grasp of that. He has the experience you’ll need to get through whatever issues you’re facing. I HIGHLY recommend Foster Law Offices, and will most definitely go to them for any law-related questions or issues I might have in the future.
We are so lucky that Jeff Foster decided to open up an office in Hawaii because there were no foreclosure lawyers here on the Big Island and we were about to lose our home. I lost my job and Chase bank pounced on us after falling behind on 3 mortgage payments then gave us the runaround for over 2 years as they denied our re-modification request 7 times. Jeff took on our case and helped us with this stressful situation as we were about to give up but he gave us hope. Jeff is a very knowledgeable professional as he even pointed out some mistakes that the judge has missed on our behalf. We highly recommend Jeff Foster as he truly cares about his clients and will fight for you to the end!
I was very fortunate to have had Jeff untangle my “Jennifer McTigue real estate nightmare”. I had significant issues with my title, several banking institutions laying claim to my property, and Jeff navigated my case to a very satisfactory conclusion. There aren’t enough positive adjectives that I can use to describe his handling of my case. I refer him to everyone with any real estate issues. The best!!
Foster Law did an excellent job representing me in my auto injury claim. It was a low impact accident which resulted in an injury requiring surgery. Jeff Foster and his team stood up to bat and fought hard for me. They were caring and understanding, always promptly returned e-mails and phone calls, and taking the time to thoroughly explain my options to me. I couldn’t be happier with the result as they were able to get the maximum amount due to me through my and the at fault party’s insurance policies.
Jeff was a great representative. He was responsive, reasonable, personable, and got me a great result in my personal injury claim. Despite living in a different time zone, he was easy to work with and available when I needed him. I would be happy to recommend him.
Mr. Foster was my attorney in a very tough Foreclosure case and he was able to get me into Mediation and ultimately because of this we were able to save our home. My family and I are very grateful for his hard work and due diligence. I highly recommend Jeff Foster.
Jeff was proactive in his representation from day one. He came to my nursing home after my bodily injury accident and made me feel at ease and told me not to worry that he would handle the case. I hired Jeff on the spot. Jeff is an excellent attorney, soft spoken but also firm on what his client needs. If you are looking for an attorney who has compassion, integrity, and knowledge in personal injury law, Jeff is the attorney for you! My husband and I are so blessed to have had Jeff as an advocate for this case and we cannot thank him enough for a settlement that was quick and fair.
Jeff represented me in my automobile injury claim. After getting the run around from the insurance company, I decide to get a consultation with Foster Law. Jeff took care of everything and made sure all my injuries medical bills were taken care of. Let the professional deal with the insurance companies.
If you get in an accident see Jeff, don’t make the mistake of trying to deal with the insurance company on your own.
I was the victim of an auto accident in December of 2014 that left me with debilitating whiplash injuries and loss of function. I contacted Jeff Foster on a recommendation from my son and after consulting with him I felt very comfortable in hiring him to handle my case. I found him to be kind, compassionate, and an excellent communicator throughout and I feel he did an exceptional job for me. He kept me informed at each step, explained everything very clearly throughout the process, returned my calls immediately whenever I had a question, and made sure that I always felt comfortable with the direction the case was heading. I felt that I was a part of a very supportive team and am pleased with the conclusion of my case. I would highly recommend Jeff Foster as a kind and truly caring professional.
Jeff Foster represented our family in a very tragic accident where we all lost the most amazing man we’ll ever know. He was extremely compassionate and showed so much care in the way that he handled all of us being in such a fragile state. I would highly recommend Jeff to represent you and would strongly say look no further. Our family will be forever grateful.
Atty FOSTER is a great lawyer , very efficient, and expert in personal injury case. He is a lawyer with kind heart and full of compassion to help his client all throughout until the case is successfully done. He proved his expertise when he handled my personal injury case. He successfully handled my case. His prompt response for every inquiries I asked and his patience to explain it. He treated me not only as a client but like a friend too. In behalf of my family and from the bottom of my heart, my sincerest thanks to Atty foster for his great work to my case. I proven myself my good experience working with Atty Foster and I highly recommend him to everyone who needs a representation to their own personal injury case. May God always be with you Atty.. Thank you very much.
After I was injured in a jet skiing collision, Jeff helped me navigate an insurance settlement along with everything else that comes with a personal injury case. Given what he had to work with, Jeff helped me get a more than fair settlement from the other involved person’s insurance provider. Then he continued to negotiate with my insurance provider to minimize the amount I owed for my medical bills. I wish I had hired Jeff sooner! It would have protected me early on in the situation and saved me tons of stress. Jeff and his office were a pleasure to work with. I wouldn’t hesitate to recommend Jeff to anyone who is looking for the best possible outcome from their personal injury.
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