Serving families on Oʻahu and throughout Hawaiʻi

Estate Planning in Hawaiʻi

An estate plan names who will make decisions for you if you can’t, and who receives what you own after you die. 808 Estate & Elder Law prepares wills, revocable living trusts, powers of attorney and health care directives for individuals and families on Oʻahu and throughout Hawaiʻi, at flat fees quoted before work begins.

Is this you?

  • You don’t have a will or trust yet, and you know you should.
  • Your plan was written years ago, before a marriage, divorce, move to Hawaiʻi, new grandchild or the death of someone named in it.
  • You own a home in Hawaiʻi and want your family to avoid probate.
  • You have a child or loved one with a disability and want to protect their benefits.
  • You’re in a blended family and want to provide for a spouse and your own children.
  • You don’t have children, or don’t have an obvious person to step in for you.

What’s included

Most plans include some combination of:

  • Last Will & Testament: directs who receives your property and, for parents, who would care for minor children.
  • Revocable Living Trust: holds property during your life and passes it privately, usually without probate.
  • Special Needs Trust: provides for a loved one in a way designed to preserve their eligibility for needs-based benefits.
  • Durable Power of Attorney: names someone to handle finances if you can’t.
  • Advance Health Care Directive: names a health care agent and records your treatment wishes.
  • HIPAA Authorization: lets the people you choose speak with your doctors.
  • Trust funding guidance: guidance on moving your home and accounts into your trust, so the plan works as intended.

What does an estate plan cost?

Estate planning is offered at flat fees. The fee depends on what your plan needs, for example a will-based plan or a trust-based plan, and is quoted after your consultation. Your engagement agreement spells out what the flat fee covers.

How it works

01

Initial consultation

A short conversation about your situation and how we can help.

02

Flat-fee engagement

If we’re a good fit, you’ll receive an engagement agreement with a flat fee before work begins.

03

Design meeting

We review your family, property, goals and any existing documents in detail, and recommend the plan that fits.

04

Drafting and review

We prepare drafts and walk you through them, explaining what each document does and answering your questions before you sign.

05

Signing

You sign with the required witnesses and notary. For clients with mobility or health constraints, signing outside the office may be arranged on a case-by-case basis.

06

Next steps

You receive guidance on next steps, including which assets may need to be retitled into your trust.

Malia I. Alexander, Certified Elder Law Attorney (National Elder Law Foundation)

Why work with Malia

Malia I. Alexander has carried out the work of a trustee, personal representative, guardian and conservator firsthand, making the fiduciary decisions while also serving as the attorney. She has seen which plans work when they’re needed and which leave families in court, so she prepares every plan with the people who will carry it out in mind.

Certified Elder Law Attorney badge, National Elder Law Foundation

Certified Elder Law Attorney
National Elder Law Foundation

Certified Trust and Fiduciary Advisor badge

Certified Trust & Fiduciary Advisor

The Supreme Court of Hawaiʻi grants Hawaiʻi certification only to lawyers in good standing who have successfully completed a specialty program accredited by the American Bar Association.

Common Questions

Do I need a will or a trust in Hawaii?

It depends on your property and goals. A will is often enough for a simple estate. A revocable living trust is often recommended if you own real estate in Hawaiʻi, want to keep matters private, or want property managed over time for a beneficiary. Choosing the right structure is part of designing your plan.

What happens if I die without a will in Hawaii?

Hawaiʻi law decides who inherits, and a court appoints someone to administer your estate. Your property may go to people you wouldn’t have chosen, and your family may face a longer, more public probate process.

Does a living trust avoid probate in Hawaii?

Property that is properly titled in the trust generally passes without probate. That’s why funding the trust matters.

How long does it take to complete an estate plan?

It depends on the complexity of the plan and how quickly decisions and information come together. We will give you an expected timeline once we understand what you need, and keep you updated along the way.

How often should I update my estate plan?

Review it every three to five years, and after any major change: marriage, divorce, a birth or death, a move, or a significant change in property.

Can you review a plan another attorney prepared?

Yes. Let us know at your consultation if you have existing documents. A full review and recommendations are part of updating your plan.

Do you help clients on neighbor islands or out of state?

Yes. Consultations and planning meetings can be held by video or phone.

Ready to put a plan in place?

Initial consultations are complimentary (see consultation terms).

Opens a short form on our intake page. We aim to reply within two business days. Prefer to talk? Call (808) 215-6888.