Estate Planning (Overview)
Estate planning is simply making a plan for what happens if you can’t make decisions for yourself — and for what happens after you’re gone. It’s about preparing ahead, because life can be unpredictable, and as the saying goes, “You can’t clean up your family’s mess after you’re gone”.
A well-prepared estate plan is more than legal paperwork — it’s a gift to your loved ones, a safeguard for your wishes, and a lasting part of your legacy.
BASIC ESTATE PLANNING DOCUMENTS
Most estate plans include the following: a will, disposition of remains instructions, a revocable living trust (if needed), a durable power of attorney, an advance health care directive, and a HIPAA release form.
1. Will
Determines how your real and personal property will be distributed after death and names a personal representative to manage your estate. Jointly owned property passes directly to the surviving owner(s) and is not controlled by your will.
2. Disposition of Remains
Specifies your wishes for how your remains are handled (e.g., cremation or burial), who will work with the mortuary or crematory, and any other special instructions.
3. Revocable Living Trust
Helps avoid probate, potentially saving time and settlement costs—especially if you own property outside Hawaiʻi. A trust can also manage your assets during incapacity, provide for children or other beneficiaries, and, in some cases, offer estate tax advantages.
4. Durable Power of Attorney
Appoints someone you trust to act on your behalf for financial and legal matters. Without it, a court-appointed guardianship may be necessary—an expensive, time-consuming, and public process.
5. Advance Health Care Directive
Also known as a “Living Will” and “Health Care Power of Attorney,” this document authorizes your chosen agent to make health care decisions if you cannot. Without one, doctors may make decisions without your input, potentially causing confusion or conflict among family members.
6. HIPAA Release Form
Authorizes health care providers to share your medical information with those you specify, which can be essential during a medical emergency or incapacity.