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Transferring Townhouse to an Existing Living Trust in Hawaii

This legal question related to estate planning attorneys in Hawaii has been answered.

Location: Hawaii  |  Law type: estate planning attorneys

I am medically retired and am on a fixed budget due to a heart transplant in 2017.  I would like to hire an attorney to put my townhouse located in Kaneohe into my living trust.  My living trust has already been completed and notarized. This is quite time sensitive as I am immunosuppressed.  Please contact me to see if I can afford your services.

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Legal Solution

The response provided below is specific to estate planning attorneys in the jurisdiction of Hawaii. If the response is inadequate, please submit a detailed inquiry.

Transferring Townhouse to an Existing Living Trust in Kaneohe, Hawaii

Understanding your situation, it is of utmost importance to transfer your townhouse located in Kaneohe to your already notarized living trust as expeditiously as possible, especially given your medical condition. The medical urgency paired with the legal aspects of the transfer require a thorough and swift approach.

Relevant Legal Provisions

Solution to the Problem

For the transfer of your townhouse to your living trust:

  1. Title Review and Transfer Deed Preparation: Ensure the title of the townhouse is clear of any liens or encumbrances. Subsequently, a transfer deed (often a quitclaim or warranty deed) needs to be prepared, indicating the transfer to the trust.

  2. Signing and Notarization: The deed must be duly signed before a notary public.

  3. Recording the Deed: After notarization, the deed must be recorded with the appropriate county recorder's office in Hawaii.

  4. Inform Relevant Parties: Notify insurance companies and relevant stakeholders about the change of ownership to avoid future complications.

  5. For a deeper understanding and comprehensive details, the State of Hawaii's official government website provides extensive resources.

Costs Associated with Legal Services in Hawaii

Service Average Cost ($)
Title review 250 - 400
Drafting transfer deed 300 - 500
Notarization fees 50 - 75
Recording fees 50 - 150
Legal consultation (per hour) 250 - 350

In Hawaii, the fees might vary based on the complexity of the case and any additional services required. It's essential to get a detailed quotation from the attorney you engage.

Clarification and Next Steps

Given the specific details you've shared, a more in-depth understanding of the property's current standing and its implications would be invaluable. If you are searching for affordable solutions, you can compare lawyers in your area to make an informed decision.

Relevant Questions for Further Discussion

  • Has your townhouse been under any mortgage or lien?
  • Are there any co-owners or stakeholders involved with the property?
  • Have you ever transferred property to a trust or another entity in the past?

How does transferring a property to a living trust affect property taxes in Hawaii?

In Hawaii, transferring property to a living trust typically does not trigger a reassessment for property tax purposes, as it's not considered a "change in ownership". However, always check current tax implications with a local attorney.

Is there any waiting period after recording the deed?

No, once the deed is recorded, the transfer to the living trust is effective immediately.

How often should I review or update my living trust?

It's a best practice to review your living trust every 3-5 years, or after significant life events like marriage, divorce, birth of a child, or acquisition of substantial assets.

Can I transfer out-of-state properties to my Hawaii-based living trust?

Yes, out-of-state properties can be transferred to a Hawaii-based living trust, but the deed must be recorded in the state where the property is located.

If I sell the townhouse, does the profit go directly to the trust or to me?

When you sell a property held in your living trust, the profit or proceeds from the sale will go directly to the trust unless specified otherwise in the terms of the trust.


This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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Legal question "Transferring Townhouse to an Existing Living Trust in Hawaii" has been changed 7 months 1 week ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Hawaii & area of law: estate planning attorneys.
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