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| Does a Joint Bank Account with Right of Survivorship take precedence over a Will? |
A joint tenancy is a type of joint ownership of property under which two or more people hold an equal, undivided interest with a right of survivorship. Under this right of survivorship, when one of the owners passes away, his/her share automatically passes to the remaining, surviving owner(s). The concept of right of survivorship applies to real property (i.e. real estate) and personal property (e.g. bank accounts), alike.
In Hawaii, a joint bank account with a right of survivorship generally supersedes the designations of a will. Under the Hawaii Revised Statutes §560:6-104, the balance that remains in the bank account of a joint account belongs to the surviving joint account holder as against the estate of the deceased, unless there is clear and convincing evidence of a contrary intention at the time the account was created.
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| How the Rule above Applies in a Practical Sense |
A married couple who usually reside in Japan but open a joint bank account in Hawaii might face unclarity as to whom the balance in said account will go to after the death of the first spouse on the joint bank account. For example, the married couple might prepare a will in Japan after they open a joint bank account in Hawaii in which they designate a child of their own as the beneficiary of the balance in the joint bank account in Hawaii.
Under the Hawaii laws, unless there is clear and convincing evidence to the contrary, the balance in the bank account will need to be distributed to the survivor of the married couple, despite there being a will in Japan that provides that the balance be distributed to the child of the couple. As the “clear and convincing” standard for burden of proof can be difficult to meet, the balance in the joint bank account, in most cases, will likely end up being distributed to the survivor of the joint bank account. Thus, if the couple intended for their child or any other person to succeed to the balance of the joint bank account under the will, this might create conflict and discord within the family after a joint bank account owner’s death as to deciding who should rightfully succeed to the money in the account.
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| Conclusion |
| If you have any bank accounts in the U.S., it is good to keep check on the title for the account (e.g. whether it is a joint account with right of survivorship, etc.) and make sure that you are content with the title designation and if not, to change it before your death in order for you to be able to leave your money to someone that you intend to leave it to. |
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| I started a podcast for the Hongo Law Office, LLLC! |
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I started a podcast for the Hongo Law Office, LLLC!
While I will mainly discuss estate planning/administration issues by myself each month, I also welcome guests on my podcast. I am now inviting anyone to be on my show. Please email me at yuka.hongo12@gmail.com if any of you might be interested in appearing as a guest on my show!
In this 17th episode, our guest is Mr. York Faulkner, an intellectual property lawyer with a long career in Tokyo and the United States. York shares some interesting stories from his career and also shares some of the things to keep in mind when you have intellectual property as part of an estate. Please listen in to hear the top things you need to keep in mind! York also shares his long list of outdoor activities that will inspire you to get outside and enjoy the beautiful nature wherever you are listening from.
Episode Link |
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| Client Comments |
| "Lawyers in the U.S. can be difficult to talk to at times, but I think people find it easy to talk to Ms. Hongo. I also like the fact that Ms. Hongo follows up with her clients on a timely basis." |
| Sachiko Trillo, Honolulu |
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| "Hongo Tsuji Tax & Consulting, our accounting firm, introduced me to Ms. Hongo. I consulted her with regards to estate planning, and I appreciated the fact that she took care of our documents in a timely manner." |
| K.A., Tokyo |
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| "I appreciated Ms. Hongo's professional expertise and the kind way in which she took care of our matter. I am truly happy that she helped us." |
| Mitsuko Seto, Osaka |
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| "Ms. Hongo not only prepared my trust, but also took care of legal matters involving my company. Her fee is reasonable and she follows up with you in a timely manner." |
| S. Suzuki, Company Owner |
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| "Ms. Hongo took care of our matter in a kind manner. We liked the fact that her office was located in Waikiki, near our home." |
| Sugiyama, Waikiki |
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| "I became a successor to 2 condominiums that my wife owned in Hawaii, after my wife passed away. Ms. Hongo took care of our probate matter in a short timeframe of 1 year. We feel very grateful to her." |
| Shuichi Sakamoto, Nasu |
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| "Our clients were very satisfied with Ms. Hongo's service because she was able to explain matters such as probate in an easy-to-understand manner. Ms. Hongo is someone we can rely on for any matter." |
| Noboru Ohhashi, List Sotheby's, Tokyo |
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| "Given that the U.S. real estate recording process and its pertaining laws differ from those of Japan, and it is difficult to learn about them in English, I appreciated Ms. Hongo being able to explain them to me in an understandable manner. I would like to seek her help in the future for other matters." |
| K. Iwasaki, Honolulu |
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| "Ms. Hongo helped me with the estate planning for my real estate in Hawaii. I was glad she was able to help me during her visit in Japan." |
| S.T., Kawasaki |
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| "It was our long-term goal to prepare a trust for our family. We are now able to take the next step in our lives, as Ms. Hongo applied her proficient bilingual skills to efficiently take care of our matter. We are very grateful for what she did for us." |
| A.P., Honolulu |
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| Attorney Yuka Hongo has been included as an honored listee in Marquis Who's Who for 2024. Marquis has chronicled the lives of accomplished individuals and innovators since 1898. |
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| Hongo Law Office LLLC is proud to have been acknowledged as one of the "Best Probate Attorneys in Honolulu for 2026" by Expertise.com. |
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| Attorney Yuka Hongo has been named a 2026 Elite Lawyer in the area of Estate Planning in Hawaii. The award recognizes attorneys who have displayed a high level of competence in their practice. |
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| You're invited to call or email |
"If you have questions about estate planning and administration, please don't hesitate to call. I'll be glad to hear from you." – Yuka
Call (808) 237-9944 or email yuka.hongo12@gmail.com |
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| Meet Yuka Hongo, Esq. |
| Yuka Hongo is a respected estate planning attorney based in Honolulu, Hawaii. She has practiced law for 10 years and is fluent in both English and Japanese. |
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Practice Areas: Yuka represents clients in matters related to estate planning such as the preparation of Trusts, Wills, and the Transfer on Death Deed. She also provides services in the area of estate administration, including probate.
Education: In 2000, Yuka graduated from Oberlin College (Oberlin, OH), where she earned a Bachelor of Arts Degree in Economics and East Asian Studies. In 2004, she graduated from Loyola Law School (Los Angeles, CA), where she earned her Juris Doctor Degree. In 2022, Yuka graduated from Keio University (Tokyo, Japan) where she earned a Master of Laws Degree.
Court Admissions and Bar Memberships: Yuka is a member of the Hawaii, California, New York, Washington, and the District of Columbia Bar Associations. Yuka is a member of the Advisory Committee for the Hawaii Tax Institute Program.
Additional Qualifications: Yuka is a Certifying Acceptance Agent who can obtain the ITIN tax number for foreigners in the U.S. In addition, she is a Life Insurance Agent and a licensed Notary Public in the State of Hawaii. Also, Yuka is fully bilingual in Japanese and English and has in-depth legal work experience working with both languages.
Multicultural Background: Yuka has experience living and working in both the U.S. and Japan and has a thorough understanding of both cultures in these two countries. In addition, she loves working with people from other multicultural backgrounds and working on international matters.
Educational Presentations: Yuka has presented seminars in Japan and in the U.S. relating to various estate planning/estate administration issues.
Residence & Interests: Yuka lives in Honolulu, Hawaii and is single. She enjoys scoping out new eateries and restaurants. |
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