JON A. ZAHABY, ATTORNEY AT LAW, A LAW CORPORATION

Zahaby Law Offices: Honolulu, Hawaii Real Estate & Estate Planning Attorneys & Advisors

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HAWAII REAL ESTATE AND ESTATE PLANNING

At Zahaby Law Offices we handle simple through complex and sophisticated real estate, estate and business matters in Honolulu and on Kauai, Maui and the Big Island. We are dedicated to being accessible, efficient, responsive, professional and always acting with caring and aloha. We offer our services to start-up businesses, families and established developers, real estate brokerages and local business institutions.

REAL ESTATE: Acquisitions and Sales of Real Property, Real Estate and Corporate Litigation Analysis, Arbitration and Expert Testimony, Brokerage Agreements, Condominium Development, including formation of projects and obtaining Public Reports, Conveyancing, Development (Residential and Resort Communities, primarily), Easements and Licenses, Encroachments and Party Walls, Escrow, Finance (Documentation, Commercial Real Estate Loans), Land Use and Zoning, Leased Fee Conversions and, Sales Contracts, Leasing - commercial and office, Standard Form documents,Title Matters.

ESTATE PLANNING: Basic Tax Preparation, Living Trusts and Wills, Irrevocable Trusts, Charitable Trusts, Special Needs Trusts, Medicaid Planning, Retirement Trusts, Self-Directed IRAs, Health Care Directives and Final Wishes, Family Limited Partnerships, Limited Liability Companies, Business Succession Planning, Asset Protection, Insurance Trusts, etc.
BUSINESS PLANNING: Creation and Maintenance of LLCs, C-Corporations & S-Corporations, Hawaii Registered Agent Services, Asset Protection Planning, Compensation Planning, and Tax and Business Planning for Physicians, Business Owners, Professionals, and Low/High Net Worth Individuals, Basic Tax Preparation.
ADVERSARIAL PRACTICE & DISPUTE RESOLUTION: This firm strongly believes in a collaborative law process for resolution of all disputes. We encourage mediation or Ho'oponopono and we no longer agree with the judicial process for resolution of civil disputes. Civil litigation is not effective, is costly and may even be physically harmful to the average civil litigant. We offer services as mediator, arbitrator or counselor pursuant to a collaborative law agreement. All court filing inquiries other than uncontested divorce or stipulated settlements will be referred to other law firms.

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Friday, August 27, 2010

Estate Planning Documents Overview: Part 1

BASIC ESTATE PLANNING:

The documents comprising a basic estate plan are a revocable living trust, a pour-over will, an advanced health care directive, a living will and a durable or springing power of attorney for financial or real property matters.

REVOCABLE LIVING TRUST

The most common uses for the Revocable Living Trust is to avoid probate and to control distributions to beneficiaries. The Revocable Trust is private and will not be a public record like a Will, which is filed with the court. Property held in the name of the trust will not be subject to probate proceedings.

When you transfer your assets (Real and Personal Property) into the Trust it is called funding the Trust. With a Revocable Living Trust usually the Grantor or Creator of the Trust acts as the initial trustee and should that person become incapacitated the named successor trustee takes over and manages the trust assets on your (Grantor's) behalf. Upon you death the successor trustee distributes the assets to the beneficiaries that you designated.

POUR-OVER WILL

A pour-over will is used in conjunction with a Revocable Living Trust and is intended to catch any assets that were overlooked when funding the trust or were not transferred for any other reason.

DURABLE/SPRINGING POWER OF ATTORNEY FOR PROPERTY

Power of Attorneys are added to the basic estate plan to provide for management and handling of your non-trust assets by your designated individual. This allows that person to pay your bills from you personal bank account, transfer property to your trust, etc. if you become incapacitated.

ADVANCED HEALTH CARE DIRECTIVES

This documents allows you to designate an agent to make health care decisions for you in the event that you become incapacitated. The Advanced Health Care Directive should express your preferences regarding health care and artificial life-support.

DON'T FORGET THE HIPAA FORM TO DESIGNATE AN AGENT FOR OBTAINING YOUR MEDICAL RECORDS AND INFORMATION.

3:43 pm hst

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HONOLULU KAUAI HAWAII ESTATE PLANNING REAL ESTATE PROPERTY TRUST WILL SPECIAL NEEDS POWER OF ATTORNEY ESTATES PROBATE TAX ATTORNEY LAWYER

ESTATE PLANNING REAL ESTATE PROPERTY TRUST WILL SPECIAL NEEDS POWER OF ATTORNEY ESTATES PROBATE TAX ATTORNEY LAWYER

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