The High Cost of Outdated Estate Plans in Hawaiʻi

Most people think of estate planning as another item to check off their life’s long “to-do” list. You hire a lawyer (or worse, download a DIY form online), sign some papers, tuck them away in a drawer, and assume you’re set for life.

But here’s the truth: estate planning is not a one-and-done project. If your plan isn’t regularly updated as your family, assets, and Hawaiʻi’s laws change, your documents may fail when your loved ones need them most — leaving your family in probate court and potentially creating costly conflict.

A Hard Lesson from a Family in Florida

When Ali was in law school, her father-in-law passed away. He had hired a Florida attorney to prepare an estate plan years before. He wanted to spare his family the stress of probate court and avoid disputes with his ex-wife.

Yet after his death, his family ended up in court anyway — fighting for assets that should have transferred smoothly and facing legal battles with his ex-wife.

The reason? His estate plan had not been updated. His trust was never properly funded, his asset list was incomplete, and some accounts remain stuck in unclaimed property to this day.

What Ali discovered later is that this wasn’t malpractice. Sadly, it was common practice.

Could This Happen to Your Family in Honolulu?

Here in Honolulu and across Hawaiʻi, I’ve seen families face similar situations. The second most common mistake — after not creating an estate plan at all — is letting an old plan sit untouched for years. By the time a loved one becomes incapacitated or passes away, it’s too late to fix it.

This is why I recommend reviewing your estate plan every year and updating it immediately after major life events like births, deaths, divorce, or inheritance. A current plan ensures that your ʻohana stays protected and avoids unnecessary court battles.

How We Keep Hawaiʻi Families Protected

At the Law Office of Keoni Souza, we don’t just draft documents and send you on your way. Our Life & Legacy Planning process is designed to keep your plan up-to-date—so it works when your family needs it most.

Here’s how:

Asset Inventories

We help you build and maintain an updated inventory of everything you own, so your family always knows what you have, where it is, and how to access it.

Proper Trust Funding

A trust only works if your assets are titled correctly. We instruct you on how to not only fund your trust at the start but also ensure any new assets acquired later are added properly.

Built-in Update Systems

Our FamilyCare Program makes sure your plan evolves with your life, your assets, and changes in Hawaiʻi law — without you having to think about it.

More Than Just Documents — A Relationship

Estate planning in Hawaiʻi is about more than avoiding probate. It’s about protecting your loved ones and passing on your values, stories, and legacy. That’s why we build long-term relationships with our clients and their families.

When you work with us, you gain peace of mind knowing that your plan won’t collect dust in a drawer — it will be a living, evolving system that continues to protect your ʻohana for generations.

FAQs

How often should I update my estate plan in Hawaiʻi?

At least once a year, and anytime you experience a major life change such as marriage, divorce, birth, death, or a significant financial event.

What happens if my trust isn’t funded?

If assets aren’t properly transferred into your trust, your family may need to go through probate — defeating one of the main purposes of having a trust.

Why is a local Honolulu attorney better than using online forms?

Online forms can’t account for Hawaiʻi-specific laws or your unique family dynamics. A local attorney ensures your plan complies with state law and is tailored to your ʻohana.

📍 Based in Honolulu | Serving all of Hawaiʻi

📅 Schedule your Life & Legacy Planning Session here

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This article is brought to you by the Law Office of Keoni Souza, a boutique estate planning firm located in Honolulu, Hawaiʻi, proudly serving families on Oʻahu and across the Hawaiian Islands. At our firm, estate planning is about more than documents — it’s about creating lasting peace of mind for you and the people you love. Through our unique Life & Legacy Planning Process, we guide you to make informed, empowered decisions that protect your wealth, your wishes, and your family’s future. To get started, contact our Honolulu office today to schedule your Life & Legacy Planning Session.

Disclaimer: The information on this website is for informational purposes only and should not be considered legal advice. For guidance tailored to your specific situation, please consult an estate planning attorney licensed in the State of Hawaiʻi. Use of this website or communication through this site does not create an attorney-client relationship with the Law Office of Keoni Souza, LLC.