I need to add my Hawaii timeshare into my family's trust. My estate attorney recommends using a law firm knowledgeable in the specific law of Hawaii. I am California based. Does anyone have any recommendations for a suitable Hawaii knowledgeable/based real estate law firm? Thanks. - Andy
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Looking for Hawaii Based Law Firm Recommendation
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I can personally recommend John Roth - http://www.hawaiitrustlaw.com/attorneys/
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Interesting. We added our Hawaiian timeshare to our trust while we were living in California. I'm pretty sure our California lawyer took care of the whole thing.
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I forgot to mention that if you have your timeshare in your trust to avoid probate, it will be very difficult for your heirs to refuse it and deed it back. We kept our timeshares out of the trust for that purpose as I did not want my family or trust to be on the hook with no option of disposal.
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Lynne, I think that your heirs can refuse any inheritance if that is their choice.
Not a lawyer, but if the trust owns it the trust can't just disclaim it. And then the timeshare obligations have a claim on the other assets in the trust. That's my understanding, anyway.
taterhed
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There is no real need to use a Hawaii based legal firm to convey a real estate interest to a trust.
There is a strong suggestion that you use a title company that is familiar with Hawaiian title transfers (there are many) to re-deed the property to the trust.
Placing a real estate (timeshare) ownership in a trust protects the value and ownership of the asset from probate and greedy heirs/debtors.
No, the HOA/corporation can not simply 'eat' your estate because you're dead and the trust owns the timeshare.
Yes, the trustee/executor will have a responsibility to manage the trust/estate once you're gone; this includes assets and liabilities.
So, my advice (my ownerships are in trust) is to place 'assets' with some value in the trust.
I would not place timeshare interests that are pure liabilities or unwanted in the foreseeable future in the trust.
I do not view all timeshares as liabilities as some do.....certainly there is great benefit in some developer-only rights that can be preserved via trust.
There is a strong suggestion that you use a title company that is familiar with Hawaiian title transfers (there are many) to re-deed the property to the trust.
Placing a real estate (timeshare) ownership in a trust protects the value and ownership of the asset from probate and greedy heirs/debtors.
No, the HOA/corporation can not simply 'eat' your estate because you're dead and the trust owns the timeshare.
Yes, the trustee/executor will have a responsibility to manage the trust/estate once you're gone; this includes assets and liabilities.
So, my advice (my ownerships are in trust) is to place 'assets' with some value in the trust.
I would not place timeshare interests that are pure liabilities or unwanted in the foreseeable future in the trust.
I do not view all timeshares as liabilities as some do.....certainly there is great benefit in some developer-only rights that can be preserved via trust.
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Once trust administration is completed after death, it would seem to me that at that point the timeshares can be disclaimed by each beneficiary. ( Of course I have never done this as I am still alive 
) Trust administration usually runs about 12 months on a non-complicated trust. My personal fear is multi-state probates for low value timeshares. That would drag out the trust administration even if the timeshares are outside of the trust as attorney fees/court fees would need to be paid to get those through probate. My personal plan is to shed these before death but my back up plan is having them in the trust so that the trustee can deal with them easily using the information that I will leave with them. Of course I don't have any true dogs in the bunch and all should either sell easily or be given away. I am not an attorney nor do I play one on TV, but I did confirm my plan with my personal attorney when we updated the trust in 2017 and was given the green light. For what it's worth.
) Trust administration usually runs about 12 months on a non-complicated trust. My personal fear is multi-state probates for low value timeshares. That would drag out the trust administration even if the timeshares are outside of the trust as attorney fees/court fees would need to be paid to get those through probate. My personal plan is to shed these before death but my back up plan is having them in the trust so that the trustee can deal with them easily using the information that I will leave with them. Of course I don't have any true dogs in the bunch and all should either sell easily or be given away. I am not an attorney nor do I play one on TV, but I did confirm my plan with my personal attorney when we updated the trust in 2017 and was given the green light. For what it's worth.