Legal Question in Wills and Trusts in Hawaii

Insolvent Estate

My father passed away and we found 2 possible loans - a $5k personal and $30K car loan (we don't know where the car is - possibly with a co-borrower who we don't know and have never met, but we suspect is in CA). He has about $5k in bank accounts and a condo that was owned as husband and wife. His pension benefits are now going to my mom as well as social security survivor benefits.

As far as we know, the car loan is not in default at this time but we're concerned that it may come up in the future if this person stops payments on the loan.

Can they force the sale from my mom of the condo to payoff the car loan?

Can they take the pension and social security funds to payoff the car loan debt?


Asked on 5/30/04, 1:31 am

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

Re: Insolvent Estate

Social Security benefits are not subject to levy, garnishment or attachment except in special circumstances. Condo: Tenancy by the Entirety property is no longer part of the estate and cannot be attached. Hawaii Law defines whether or not pension plans are exempt from attachment. To have the last issue researched would incur legal fees. Aloha, Jon A. Zahaby

Read more
Answered on 5/30/04, 2:38 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Hawaii