Question: A new Hawaii law (Act 173) was enacted in July 2011 allowing homeowners to transfer a property (i.e., house) to their beneficiaries using a “Transfer on Death Deed.” Such a transfer, using this document, avoids a lengthy probate and high cost. Does the state of Hawaii have this form? If not, where can we get this form?
Answer: No, the state of Hawaii does not issue standard real-estate deed forms, said Nicki Ann Thompson, registrar of the Bureau of Conveyances, which is the division of the state Department of Land and Natural Resources that records titles to real property statewide.
She suggested that you hire a knowledgeable real-estate attorney, estate planner, business adviser or other qualified expert to draft this important document. That way the deed, which must be recorded before your death in order to be valid, will meet your specific needs, as well as the legal requirements of Hawaii’s Uniform Real Property Transfer on Death Act, which, as you noted, took effect in 2011 as Act 173.
The law allows a real property owner “to designate beneficiaries to receive real property upon death of owner without requirements of probate or formalities of wills,” according to the bill summary at the time the legislation passed.
Before its passage, there were three primary methods to transfer real estate in Hawaii upon the death of the owner: probate; titling and tenancy; and revocable trusts, according to the 2014 report “Estate Planning: Hawaii Real Property Issues and Techniques.”
Act 173 ushered in another option, the “Transfer on Death Deed,” which the report described as the real-estate equivalent of a “payable on death” bank account, where the beneficiary is named in the event of the death of the account holder.
The report spells out the pros and cons of the approach, as well as some of the major requirements of crafting and recording a valid deed. You can read the full report at 808ne.ws/1MmzTMQ Opens in a new tab.
An experienced professional can advise whether the TODD is the best way to preserve your assets for your designated heirs. The Hawaii State Bar Association can help you find a qualified lawyer, if you go that route. Go to the organization’s website at hsba.org Opens in a new tab, click on “For the Public,” then, in the pull-down menu that appears, click on “Find a Lawyer.”
If you have already read up on the law and are committed to drafting the document yourself, you might try searching online, using the terms “Transfer on Death Deed,” “Hawaii” and “form.” A number of legal websites should pop up, promising that a TODD template is available to download, for a fee. We can’t vouch for any specific website, and suggest that you vet the company carefully before going the do-it-yourself route.
Q: If I help someone during a disaster, am I liable if something goes wrong, like if they get hurt on my property or something?
A: No, not generally. Hawaii law protects private-property owners and others who step up to help in the worst of times, absolving them of civil liability, unless they intentionally inflicted harm or were grossly negligent. Specifically, Hawaii Revised Statutes Chapter 660-10.7 states that people who provide “emergency access to land, shelter, or subsistence, including food and water, to a person during a disaster without remuneration or expectation of remuneration, shall be exempt from civil liability for any injury or damage suffered by the person that resulted from the owner providing such emergency access to land, shelter, or subsistence, unless the injury or damage was caused by the gross negligence or intentional or wanton acts or omissions of the owner.”
The statute defines disaster as a “nonroutine event that exceeds the capacity of persons in the affected area to respond to it in such a way as to save lives, preserve property, or to maintain the social, ecological, economic, or political stability of the affected area.” Emergency means “a situation in which the life or health of a person is in jeopardy due to a disaster requiring immediate assistance.”
By all means, lend a hand.
Write to “Kokua Line” at Honolulu Star-Advertiser, 7 Waterfront Plaza, Suite 210, 500 Ala Moana Blvd., Honolulu 96813; fax 529-4750; or email kokualine@staradvertiser.com.
