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How Trusts can help avoid Guardianship and Conservatorship |
Introduction |
Guardianship and conservatorship are mechanisms that give the appointed guardian or conservator authority to manage and decide upon the monetary and personal matters of individuals who are no longer capable of managing their own affairs. In Hawaii, a guardian is generally appointed to make health care-related decisions for an incapacitated or a minor person, while a conservator is appointed to make financial decisions for an incapacitated or a minor person. As the process of appointing a guardian or a conservator can be difficult, it can be helpful to prepare a trust, that can help you avoid the foregoing process altogether. |
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Difficulty of Appointing a Guardian or a Conservator |
The process of appointing a guardian or a conservator can be time-consuming as well as expensive. It can also cause an individual who is the subject of a guardianship or a conservatorship to lose entire control over his/her financial as well as personal decision.
A Petition is generally filed with the Court to request the establishment of a guardianship or a conservatorship. Evidence of an individual's incapacity, such as medical records and/or medical opinion are then submitted to prove the individual's capacity. The entire court process can take up to a few months to complete. Even after a guardian or conservator is appointed, he/she remains under court supervision and is required to regularly report on the management of the individual’s affairs or assets. |
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A Trust can help avoid Guardianship or Conservatorship |
A trust, unlike a guardianship or a conservatorship process, permits a smoother transfer of decision-making power to the successor trustee that is appointed under the trust. If the grantor of a trust becomes incapacitated, the court does not need to intervene to appoint a guardian or a conservator, and the decision-making authority transfers to the successor trustee named under the trust, as provided in the terms of the trust.
If a grantor of a trust has a minor child who is a named beneficiary under said trust, for example, and he/she becomes incapacitated while the child is still a minor i.e. less than 18 years of age, the successor trustee named under the trust will be able to step in to otherwise make sure that the asset(s) under the trust that the minor child is entitled to receive, will go to him/her without having the court intervene to manage the asset(s) before it goes to the minor child. |
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Conclusion |
Given the difficulty of appointing a guardian or a conservator in court, it can be a good idea to prepare a trust in order to make sure that your assets will be managed properly by a successor trustee in the event that you become incapacitated. |
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Attorney Yuka Hongo Featured as a Top Lawyer by Marquis Who's Who |
Attorney Yuka Hongo, recently included as an honored listee in Marquis Who's Who for 2024, has been featured by the publisher as a Top Lawyer in their Top Professional series "Marquis Who's Who Top Lawyers". The Top Professional Series recognizes outstanding listees in their specific fields, and inclusion is an honor limited to individuals who have demonstrated leadership and achievement in their industry and occupation. Click here to view Attorney Hongo's Top Lawyers profile. |
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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 2024" by Expertise.com. |
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Attorney Yuka Hongo has been named a 2023 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 Transfer on Death Deeds. She also provides a service 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, the District of Columbia Bar, and New York Bar Associations. Yuka is a member of the International Law Section of the Hawaii State Bar.
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 Hawaii. Also, Yuka is fully bilingual in Japanese and English and has in-depth experience including complicated translations 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 and the people who live in both countries. In addition, she loves working with people from other multicultural backgrounds, and working on international matters.
Accounting Experience: Yuka worked for the Tokyo office of a prominent U.S. accounting firm for the past number of years and has extensive experience working with tax and legal issues that arise from cross-border transactions.
Educational Presentations: Yuka has presented seminars in Japan relating to Transfer on Death Deeds in Hawaii and trusts in the United States.
Residence & Interests: Yuka lives in Honolulu, Hawaii and is single. She enjoys scoping out new eateries and restaurants. |
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