reglab/housing_qa huggingface dataset:
HI Rev Stat § 533-16 (2021)
2021 Hawaii Revised Statutes|Title 29. Decedents' Estates|533. Dower and Curtesy|533-16 Curtesy; election between curtesy and will.

  §533-16 Curtesy; election between curtesy and will. In case the wife dies first and intestate, then except as in this section provided, her property shall immediately descend to her heirs, but shall be in all cases, whether she die testate or intestate, subject to a life interest in the husband in one-third of the wife's lands owned by her in fee simple, in freehold, or in leasehold, at the date of her death. The husband shall also, whether the wife die testate or intestate, be entitled, by way of curtesy to an absolute property in the one-third part of it all the wife's remaining property owned by her at the date of her death, after the payment of all her just debts. During the life of the wife the husband shall have no curtesy right inchoate or otherwise in the wife's property. If any provisions are made for the widower in the will of his wife, he shall be subject to the same requirements with respect to election between his curtesy and the provisions of the will, or taking under both, as is a widow in similar circumstances under sections 560:2-205 to 560:2-207.   No husband who has, for one year or upwards, previous to the death of his wife, wilfully and utterly deserted his wife, or wilfully neglected or refused to provide suitable maintenance for his wife, shall be entitled to any right or interest in his wife's property by way of curtesy.   The interests to which the husband is entitled in accordance with this section in the wife's real and personal property shall not apply to, and nothing in this section shall be deemed to give the husband any interest in, the wife's interest in community property, real or personal. [L 1888, c 11, §7; RL 1925, §3000; am L 1933, c 68, §1; RL 1935, §4845; am L 1939, c 33, §4; RL 1945, §12115; am L 1945, c 212, §2 and c 273, §4; RL 1955, §319-16; HRS §533-16; am L 1970, c 31, pt of §1; am L 1987, c 283, §50] Note  Sections 560:2-205 to 560:2-207 referred to in text are repealed. Cross References  Community property, see chapter 510. Case Notes  Husband takes curtesy though marriage was voidable because the wife was under legal age. 6 H. 289 (single justice) (1881).  No curtesy in property in which wife prior to marriage had reserved power of appointment, subsequently exercised in favor of son. 35 H. 59 (1939).
HI Rev Stat § 533-17 (2021)
2021 Hawaii Revised Statutes|Title 29. Decedents' Estates|533. Dower and Curtesy|533-17 Standard of values; dower, etc.

  §533-17 Standard of values; dower, etc. Whenever it becomes expedient or necessary to determine the value of any right of dower or any other life estate or interest in any property, in any proceeding for partition or for the admeasurement of dower, or wherein the value of any estate is required to be provided for out of the proceeds of sale of the property subject thereto, the value thereof shall be determined by the rule, method, and the standards of mortality and of value that are set forth in the standard annuity tables of mortality for ascertaining the value of policies of life insurance and annuities, using five per cent a year as the rate of interest in connection therewith.   When the dower in real estate cannot be set apart without great injury to the owners, the court may ascertain the value of the dower in money, and order the same to be paid on such terms as shall be just and reasonable. [L 1929, c 19, §1; RL 1935, §4846; RL 1945, §12116; RL 1955, §319-17; am L 1957, c 26, §1; HRS §533-17; am L 1972, c 108, §3; am L 1976, c 200, pt of §1]
HI Rev Stat § 535-1 (2021)
2021 Hawaii Revised Statutes|Title 29. Decedents' Estates|535. Specific Performance of Decedent's Contracts to Convey Real Estate|535-1 Specific performance of decedent's contracts to convey real estate.

  §535-1 Specific performance of decedent's contracts to convey real estate. When any person, who is bound by a contract in writing to convey any real estate, dies before making the conveyance, the other party may commence an action in a circuit court to enforce a specific performance of the contract, the action to be commenced within one year after the grant of administration. [CC 1859, §1057; RL 1925, §2862; RL 1935, §4760; RL 1945, §12151; RL 1955, §321-1; HRS §535-1; am L 1972, c 108, §4(a); am L 1976, c 200, pt of §1; am L 1977, c 144, §61] Case Notes  Where decedent contracted in writing, specific performance suit may be brought against executor alone. 23 H. 208 (1916).  Memorandum sufficient to satisfy statute of frauds not "contract in writing". 45 H. 1, 361 P.2d 374 (1961).  Where no contract in writing this chapter inapplicable and executor or administrator without power to act as sole representative of legal title in specific performance suit relating to real property. 45 H. 1, 13, 361 P.2d 374 (1961); 49 H. 409, 410, 420 P.2d 93 (1966); see 44 H. 464, 474, 355 P.2d 25 (1960). Compare 43 H. 241 (1959), relating to pending litigation over title to real estate.
HI Rev Stat § 535-5 (2021)
2021 Hawaii Revised Statutes|Title 29. Decedents' Estates|535. Specific Performance of Decedent's Contracts to Convey Real Estate|535-5 REPEALED.

  §535-5 REPEALED. L 1972, c 108, §4(g).
HI Rev Stat § 535-6, 535-7 (2021)
2021 Hawaii Revised Statutes|Title 29. Decedents' Estates|535. Specific Performance of Decedent's Contracts to Convey Real Estate|535-6, 535-7 REPEALED.

  § §535-6, 535-7 REPEALED. L 1977, c 144, §62.
HI Rev Stat § 539-1 (2021)
2021 Hawaii Revised Statutes|Title 29. Decedents' Estates|539. Uniform Transfer-on-Death (TOD) Security Registration Act|539-1 Definitions.

  §539-1 Definitions. In this chapter, unless the context otherwise requires:  "Beneficiary form" means a registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner.  "Devisee" means any person designated in a will to receive a disposition of real or personal property.  "Heirs" means those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent.  "Person" means an individual, a corporation, an organization, or other legal entity.  "Personal representative" includes executor, administrator, successor personal representative, special administrator, and persons who perform substantially the same function under the law governing their status.  "Property" includes both real and personal property or any interest therein and means anything that may be the subject of ownership.  "Register", including its derivatives, means to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account showing ownership of securities.  "Registering entity" means a person who originates or transfers a security title by registration, and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities.  "Security" means a share, participation, or other interest in property, in a business, or in an obligation of an enterprise or other issuer, and includes a certificated security, an uncertificated security, and a security account.  "Security account" means:  (1) A reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, interest, earnings, or dividends earned or declared on a security in an account, a reinvestment account, or a brokerage account, whether or not credited to the account before the owner's death, or  (2) A cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner's death.  "State" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. [L 1998, c 63, pt of §1]
HI Rev Stat § 539-2 (2021)
2021 Hawaii Revised Statutes|Title 29. Decedents' Estates|539. Uniform Transfer-on-Death (TOD) Security Registration Act|539-2 Registration in beneficiary form; sole or joint tenancy ownership.

  §539-2 Registration in beneficiary form; sole or joint tenancy ownership. Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by two or more with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in beneficiary form hold as joint tenants with right of survivorship, as tenants by the entireties, or as owners of community property held in survivorship form, and not as tenants in common. [L 1998, c 63, pt of §1]
HI Rev Stat § 539-3 (2021)
2021 Hawaii Revised Statutes|Title 29. Decedents' Estates|539. Uniform Transfer-on-Death (TOD) Security Registration Act|539-3 Registration in beneficiary form; applicable law.

  §539-3 Registration in beneficiary form; applicable law. A security may be registered in beneficiary form if the form is authorized by this or a similar statute of the state of organization of the issuer or registering entity, the location of the registering entity's principal office, the office of its transfer agent or its office making the registration, or by this or a similar statute of the law of the state listed as the owner's address at the time of registration. A registration governed by the law of a jurisdiction in which this or similar legislation is not in force or was not in force when a registration in beneficiary form was made is nevertheless presumed to be valid and authorized as a matter of contract law. [L 1998, c 63, pt of §1]
HI Rev Stat § 539-4 (2021)
2021 Hawaii Revised Statutes|Title 29. Decedents' Estates|539. Uniform Transfer-on-Death (TOD) Security Registration Act|539-4 Origination of registration in beneficiary form.

  §539-4 Origination of registration in beneficiary form. A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all multiple owners. [L 1998, c 63, pt of §1]
HI Rev Stat § 539-5 (2021)
2021 Hawaii Revised Statutes|Title 29. Decedents' Estates|539. Uniform Transfer-on-Death (TOD) Security Registration Act|539-5 Form of registration in beneficiary form.

  §539-5 Form of registration in beneficiary form. Registration in beneficiary form may be shown by the words "transfer on death" or the abbreviation "TOD", or by the words "pay on death" or the abbreviation "POD", after the name of the registered owner and before the name of a beneficiary. [L 1998, c 63, pt of §1]
HI Rev Stat § 539-6 (2021)
2021 Hawaii Revised Statutes|Title 29. Decedents' Estates|539. Uniform Transfer-on-Death (TOD) Security Registration Act|539-6 Effect of registration in beneficiary form.

  §539-6 Effect of registration in beneficiary form. The designation of a transfer-on-death beneficiary on a registration in beneficiary form has no effect on ownership until the owner's death. A registration of a security in beneficiary form may be canceled or changed at any time by the sole owner or all then surviving owners without the consent of the beneficiary. [L 1998, c 63, pt of §1]
HI Rev Stat § 539-7 (2021)
2021 Hawaii Revised Statutes|Title 29. Decedents' Estates|539. Uniform Transfer-on-Death (TOD) Security Registration Act|539-7 Ownership on death of owner.

  §539-7 Ownership on death of owner. On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with any applicable requirements of the registering entity, a security registered in beneficiary form may be reregistered in the name of the beneficiary or beneficiaries who survived the death of all owners. Until division of the security after the death of all owners, multiple beneficiaries surviving the death of all owners hold their interests as tenants in common. If no beneficiary survives the death of all owners, the security belongs to the estate of the deceased sole owner or the estate of the last to die of all multiple owners. [L 1998, c 63, pt of §1]
HI Rev Stat § 539-8 (2021)
2021 Hawaii Revised Statutes|Title 29. Decedents' Estates|539. Uniform Transfer-on-Death (TOD) Security Registration Act|539-8 Protection of registering entity.

  §539-8 Protection of registering entity. (a) A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given to the registering entity by this chapter.  (b) By accepting a request for registration of a security in beneficiary form, the registering entity agrees that the registration will be implemented on death of the deceased owner as provided in this chapter.  (c) A registering entity is discharged from all claims to a security by the estate, creditors, heirs, or devisees of a deceased owner if it registers a transfer of the security in accordance with section 539-7 and does so in good faith reliance (1) on the registration, (2) on this chapter, and (3) on information provided to it by affidavit of the personal representative of the deceased owner, or by the surviving beneficiary or by the surviving beneficiary's representatives, or other information available to the registering entity. The protections of this chapter do not extend to a reregistration or payment made after a registering entity has received written notice from any claimant to any interest in the security objecting to implementation of a registration in beneficiary form. No other notice or other information available to the registering entity affects its right to protection under this chapter.  (d) The protection provided by this chapter to the registering entity of a security does not affect the rights of beneficiaries in disputes between themselves and other claimants to ownership of the security transferred or its value or proceeds. [L 1998, c 63, pt of §1]
HI Rev Stat § 539-9 (2021)
2021 Hawaii Revised Statutes|Title 29. Decedents' Estates|539. Uniform Transfer-on-Death (TOD) Security Registration Act|539-9 Nontestamentary transfer on death.

  §539-9 Nontestamentary transfer on death. (a) A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering entity and this chapter and is not testamentary.  (b) This chapter does not limit the rights of creditors of security owners against beneficiaries and other transferees under other laws of this State. [L 1998, c 63, pt of §1]
HI Rev Stat § 539-10 (2021)
2021 Hawaii Revised Statutes|Title 29. Decedents' Estates|539. Uniform Transfer-on-Death (TOD) Security Registration Act|539-10 Terms, conditions, and forms for registration.

  §539-10 Terms, conditions, and forms for registration. (a) A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests (1) for registrations in beneficiary form, and (2) for implementation of registrations in beneficiary form, including requests for cancellation of previously registered transfer-on-death beneficiary designations and requests for reregistration to effect a change of beneficiary. The terms and conditions so established may provide for proving death, avoiding or resolving any problems concerning fractional shares, designating primary and contingent beneficiaries, and substituting a named beneficiary's descendants to take in the place of the named beneficiary in the event of the beneficiary's death. Substitution may be indicated by appending to the name of the primary beneficiary the letters "LDPS", standing for "lineal descendants per stirpes". This designation substitutes a deceased beneficiary's descendants who survive the owner for a beneficiary who fails to so survive, the descendants to be identified and to share in accordance with the law of the beneficiary's domicile at the owner's death governing inheritance by descendants of an intestate. Other forms of identifying beneficiaries who are to take on one or more contingencies, and rules for providing proofs and assurances needed to satisfy reasonable concerns by registering entities regarding conditions and identities relevant to accurate implementation of registrations in beneficiary form, may be contained in a registering entity's terms and conditions.  (b) The following are illustrations of registrations in beneficiary form which a registering entity may authorize:  (1) Sole owner-sole beneficiary: John S. Brown TOD (or POD) John S. Brown Jr.;  (2) Multiple owners-sole beneficiary: John S. Brown Mary B. Brown JT TEN TOD John S. Brown Jr.;  (3) Multiple owners-primary and secondary (substituted) beneficiaries: John S. Brown Mary B. Brown JT TEN TOD John S. Brown Jr. SUB BENE Peter Q. Brown or John S. Brown Mary B. Brown JT TEN TOD John S. Brown Jr. LDPS. [L 1998, c 63, pt of §1] Cross References  Representation; per capita at each generation; per stirpes, see §560:2-709.
HI Rev Stat § 539-11 (2021)
2021 Hawaii Revised Statutes|Title 29. Decedents' Estates|539. Uniform Transfer-on-Death (TOD) Security Registration Act|539-11 Short title; rules of construction.

  §539-11 Short title; rules of construction. (a) This chapter shall be known as and may be cited as the Uniform TOD Security Registration Act.  (b) This chapter shall be liberally construed and applied to promote its underlying purposes and policy and to make uniform the laws with respect to the subject of this chapter among states enacting it.  (c) Unless displaced by the particular provisions of this chapter, the principles of law and equity supplement its provisions. [L 1998, c 63, pt of §1]
HI Rev Stat § 539-12 (2021)
2021 Hawaii Revised Statutes|Title 29. Decedents' Estates|539. Uniform Transfer-on-Death (TOD) Security Registration Act|539-12 Application of chapter.

  §539-12 Application of chapter. This chapter applies to registrations of securities in beneficiary form made before or after April 29, 1998, by decedents dying on or after April 29, 1998. [L 1998, c 63, pt of §1] Revision Note  "April 29, 1998" substituted for "the effective date of this Act".
HI Rev Stat § 551-1 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|551. Guardians and Wards|551-1 Jurisdiction.

  §551-1 Jurisdiction. Family courts shall have exclusive jurisdiction to appoint guardians for minors, and circuit courts shall have exclusive jurisdiction to appoint conservators for both adults and minors. The family and circuit courts shall have concurrent jurisdiction over guardianships for incapacitated adults. Either a guardian or conservator, or both, may be appointed. [CC 1859, §1343; am L 1903, c 16, §1; RL 1925, §3064; am L 1925, c 42, §1; RL 1935, §4850; RL 1945, §12500; RL 1955, §338-1; HRS §551-1; am L 1972, c 145, §1(e); am L 1976, c 200, pt of §1; am L 2004, c 161, §16] Cross References  Jurisdiction to appoint guardian: Minors, see §571-11; adults, see §571-14.  Jurisdiction of circuit court, see § §603-21.6, 603-36. Case Notes  Powers, inherent powers of a court of chancery. See 13 H. 257, 262 (1901); 26 H. 337, 340-41 (1922).  Jurisdiction at chambers. See 16 H. 13, 15 (1904); 16 H. 242 (1904), aff'd 197 U.S. 348 (1905); 16 H. 412 (1905).  Under this section, even before family court constituted, court could appoint guardian of person or estate without appointing both, whether for a minor, insane person or spendthrift. 34 H. 935, 941 (1939).
HI Rev Stat § 551-2 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|551. Guardians and Wards|551-2 Guardian ad litem; next friend; appointment.

  §551-2 Guardian ad litem; next friend; appointment. Nothing in this chapter impairs or affects the power of any court to appoint a guardian to defend the interests of any minor or person not in being impleaded in such court, or interested in any matter there pending, or its power to appoint or allow any person as next friend for a minor, to commence, prosecute, or defend any action or proceeding in the minor's behalf; provided that in all proceedings for annulment, divorce, or separation, except in the case of annulment on the ground of nonage, either spouse, although a minor, may sue or be sued in the minor's name without a guardian or next friend. CC 1859, §1349; am L 1903, c 16, §2; RL 1925, §3070; RL 1935, §4857; RL 1945, §12507; am L 1947, c 78, §1; RL 1955, §338-8; HRS §551-2; am L 1972, c 145, §1(f); gen ch 1985 Rules of Court  Probate, see HPR rule 28. Case Notes  Power to appoint next friend or guardian ad litem is inherent in every court, including district courts. 11 H. 279, 281 (1898); 21 H. 160, 162 (1912); 23 H. 623, 624 (1917). Purpose of this section was to make it clear that this power, already existing, was not taken away by provisions for appointment of guardians of person and estate. 11 H. 279, 280 (1898); 21 H. 160, 162 (1912); see 16 H. 13, 15 (1904).  Appointment of guardian ad litem for minor not mandatory in adoption proceeding. 42 H. 250, 262 (1957). But is mandatory in custody or support proceeding if parentage at issue. See §571-47. Minors.  Under rule requiring sanction of court for issuance of process in suit instituted on behalf of minor, no formal order necessary. 8 H. 93 (1890); 11 H. 279, 281 (1898). Same as to guardian ad litem for minor defendants. 21 H. 160 (1912); 34 H. 232, 235 (1937); 35 H. 682, 683 (1940). Adult incompetents.  Guardian ad litem, next friend, may be appointed for incompetent or weak-minded adult, but when alleged incapacity is denied issue raised must be determined before further steps can be taken in the suit. 23 H. 457, 475 (1916); 24 H. 82, 84 (1917); see 24 H. 558 (1918). Duties and powers.  No power to surrender substantial rights. 198 F. Supp. 78, 83 (1961); 28 H. 310, 328 (1925); 35 H. 262 (1939); 42 H. 586, 610 (1958); 46 H. 475, 521-530, 382 P.2d 920 (1963). Duty to take appeal in proper case. 27 H. 132 (1923). As to election of remedies, see 32 H. 928 (1933). Compensation, expenses, right to.  26 H. 623 (1922); 27 H. 132 (1923); 34 H. 854 (1939); 35 H. 262 (1939); 35 H. 682 (1940); 46 H. 475, 521-530, 382 P.2d 920 (1963); 47 H. 216, 385 P.2d 828 (1963).
HI Rev Stat § 551-16, 551-17 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|551. Guardians and Wards|551-16, 551-17 REPEALED.

  § §551-16, 551-17 REPEALED. L 1976, c 200, pt of §1. Cross References  For present provisions, see Uniform Probate Code, chapter 560, Article V.