Legal Question in Wills and Trusts in Hawaii

beneficiaries

If the settlor leaves 6 beneficiaries (including the spouse) an equal amount of distribution, can this be overturned by the 50% rule by spouse or children?


Asked on 3/26/04, 3:51 pm

1 Answer from Attorneys
Jon Zahaby Tour bus, scenic and sightseeing, operation

Re: beneficiaries

I assume your are talking about a Revocable Living Trust and not a Will because you used "settlor" instead of "testator". Quite advanced language for a Lay-person? Anyhow, the Elective-Share statute may not be defeated by a Revocable Living Trust (Lifetime Transfers). However, there are many exceptions/qualifiers for this answer depending on the specific situation. Aloha, Jon A. Zahaby

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Answered on 3/26/04, 4:25 pm


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