Paths through Probate

The Path

I have this painting on the wall in my office.  The artist is the husband of a dear friend of mine.  Their gallery, Studio Osterberg, is in Old Town La Quinta, CA.  I think Jamie Osterberg is an expressive and talented artist and sculptor. 

I love this painting, well, first because it's my color..purple!  But the reason that it hangs on the wall in my office is because I feel like it's symbolic of how I help.  Often, when a new client comes in to my office after a death, they are very overwhelmed and just lost in the process.  My goal is that they will leave our first meeting feeling like there is a way through the crisis....a Path

Paths through Probate in Hawaii

The probate process required depends on the facts of a particular case, most importantly the character of the assets owned by the deceased person.

The simplest process is called an "Affidavit for Collection of Personal Property"
If the person died with a total of $100,000 or less of personal property, and with no real estate, then no court proceeding is necessary. These assets can usually be collected very quickly and inexpensively through the use of this type of affidavit.  The affidavit is then presented to the bank, for instance, and the deceased person's account will be closed and the assets paid to the person presenting the affidavit.  

Small Estate: If the person died owning real estate, no matter how small its value, a court probate process is required. However, if the total value of the assets, including the real estate, is $100,000 or less, the Small Estates Division at the court may be able to facilitate the probate case.   The court charges 3% of the value of the assets, plus costs (court filing fees and newspaper publication fees).  This is a viable option, albeit frustrating, simply because you don't have your own attorney representing you and the process can be difficult for a lay person to navigate.

Beyond the above, there are three types of "regular" probate, and any of the three may be used for either a  testate (will) or an intestate (no will) proceeding.

1) Informal Probate: An informal probate may generally be used when all of the estate beneficiaries are in accord, and can agree on how the estate will be handled.  No court appearances are required, the process is completed with paperwork   This is the least expensive type of probate.  Most cases are handled this way.

2) Formal Probate: This this type of probate is usually necessary when there is a problematic issue (or issues) with the case.  One or more court appearances are required to resolve the problems. This kind of probate is generally more expensive.

3)  Supervised Probate: A formal probate may also be supervised at every step by the court.  This is only required in very rare circumstances when there is a major dispute over an estate.  It is usually very costly, both in time and money.

Usually when someone passes away, the issues and questions can be overwhelming.  For most people, the determination of the best path through probate requires some legal assistance. Please contact Donna for a consultation.

My Shingle

As I sat down to write this blog I wondered about the origin of the phrase: “hanging out my own shingle.”  I Googled and found out that,  “This American colloquialism dates from the first half of the 1800s, when at first lawyers, and later also doctors and business concerns, used painted wooden shingles for signboards.”

I’ve done it.  After having spent most of the last 18+ years working under the supervision of a boss-lawyer, I decided it was time to get out the hammer and “hang my shingle”  - Actually, no hammer, mine is made of plastic.  Here it is:

My plastic shingle, the sign on the door to my office.

Hugs to my husband and marketing partner, Rob who used his marketing talent to crystallize the purpose and mission of my law firm.  Then, the graphic design talent of my dear friend Jerry Adams and his crew over at Island Printing and Graphics turned our white board ideas into an actual logo! I was amazed and excited as I watched the creative process unfold and my vision come to life as a business.     

As long as I’m giving shout-outs, I can’t forget my webmaster extraordinaire Eric Bonner at Cransby.  If it were not for him, you would not be reading this right now because I would not have ever figured it out.  Eric understood my vision and my message and turned it into a real website that has content and people can actually see it.

While I have 18 years of legal experience in my field, I have never been a business owner before.  Over the course of my legal career I have always had a functioning office and talented support staff that was fully-trained by my superiors and placed at my disposal.  No more! Part of this journey has been figuring out billing systems, bookkeeping, marketing, and filing systems.  Add to that office space, office supplies, office equipment, computers and software... no wonder it’s taken me almost a year to get my website live and my first blog entry written.

By God’s grace, slowly but surely, I’m getting the systems figured out and finding my way in this wonderful and slightly entrepreneurial adventure.   I say “slightly” because I don’t consider myself an “entrepreneur.” I’m a lawyer who loves the practice of law.  I’m working on developing some entrepreneurial skills out of necessity so I can practice law. 

I owe so much to the many very talented attorneys that I have worked under over the years.  I have been so blessed to have always worked with wonderful and supportive mentors that have always encouraged me to be the very best at what I do and to use my professional talents to serve others.

Serving others, that is why I work.  I work to serve my husband, my children, my clients and my community, and I’m blessed every day that I wake up and get to do it some more.  Thank you for being on this journey with me. 

Planning • Protection • Peace of Mind

Planning, Protection, Peace of Mind.  

These words represent the benefits that a client stands to gain when they tackle the process of developing an estate plan,

Planning:  Planning is the process of thinking about and organizing the activities required to achieve a desired goal. In my practice it involves assessment of circumstances, legal analysis, and development of a strategy to achieve the desired goal.  

Protection:  Protection can be the action of keeping someone or something safe from harm or injury.  In my practice protection involves taking the steps necessary (the planning) to ensure that the people you care about benefit from your legacy.

Peace of Mind:   Peace of Mind - the absence of mental stress or anxiety.   For almost 20 years, I have been working with individuals and families to help them find the peace of mind that comes from knowing that their wishes will be carried out if and when the unthinkable happens.  Sometimes we are planning because the procrastination has been weighing heavy and it's time (think New Year's Resolution).  Sometimes it's the untimely death of a relative or friend that is the catalyst for making the appointment.  For these clients I send them off with their estate plan and they can put it on the shelf and go on with life knowing that if something happens to them, they did what they could to minimize legal issues.

At the other end of the spectrum, sadly, sometimes it is an awful diagnosis.  I have worked with clients that are facing their own mortality in a very real way.  In these situations, I am continually amazed at the relief that I see for that person, knowing that the legal issues are under control.  

That's Peace of Mind.