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Hawaii Fiduciary Services, LLC Questions

A. There are situations that may be too complex or too difficult because of family dynamics or the probate court deems it necessary. Often, it makes sense to employ an objective third-party professional.

A. There are several choices available in Hawaii or on the mainland, and each company has its advantages and disadvantages. You are encouraged to review the choices in order to make an informed decision.

A. Finding another successor fiduciary is not a problem because the way these relationships are established. Probates and conservatorships are court supervised, and an attorney is required to represent a Hawaii fiduciary to prepare the court filings. The attorney-of-record would petition the probate court for a successor personal representative or conservator. For a trust, the appointment of a new successor trustee depends on the provisions of the trust. Ifa Hawaii fiduciary was court appointed, the trust attorney would petition the probate court to appoint a new successor trustee.

A. This is true for any fiduciary whether it is an institutional fiduciary, like a trust department at a bank or a private fiduciary who is not a practicing attorney. There are court filing requirements and procedures that require an attorney. Having an attorney act as a fiduciary would appear to be a cost-savings, but attorney fees can be higher than those charged by private fiduciaries. The advantage of combining a Hawaii fiduciary, for administrative and accounting functions and maintaining beneficiary relationships, with the legal expertise of a fiduciary attorney benefits everyone.

A. Team work is a fundamental part of how a Hawaii fiduciary should conducts business. A Hawaii fiduciary should not provide legal, tax or financial advice or market any financial products. Working with your advisors is important for a successful relationship.

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