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What is an Ancillary Probate? |
Introduction |
As a recap, probate is the process by which the court distributes a deceased person’s estate to heirs and designated beneficiaries and pays off any creditors. Generally, the primary probate proceeding is held in the state of residence of the deceased. However, an ancillary probate, or a secondary probate proceeding may be necessary if the deceased had any assets located in another state, e.g. a real estate titled in another state. |
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When is an Ancillary Probate Initiated? |
Generally, an ancillary probate is initiated after the primary probate has been opened. Upon the opening of a primary probate, the court will look into the validity of a will and names the executor/personal representative. If a will does not exist, the court will initiate an intestate administration and appoint an executor/personal representative. Because a state probate court can exercise jurisdiction only on property that exists within the state, an ancillary probate may need to be initiated in another state if the deceased leaves any assets located in that secondary state. |
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Conclusion |
In order to spare more legal fees for opening an ancillary probate and for the purpose of avoiding a complicated probate, you may take the following precautionary measures during your lifetime that help to avoid probate including: 1) Titling a real estate in Joint Tenancy or Tenancy by the Entirety; 2) Putting a property in a trust; or 3) Preparing a Transfer on Death Deed for a real estate. |
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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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Hongo Law Office LLLC is proud to have been acknowledged as one of the "Best Probate Attorneys in Honolulu for 2022" by Expertise.com. |
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You're invited to call or email |
"If you have questions about estate planning/administration or captive insurance, 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 relating to estate planning/administration, including probate and the preparation of transfer on death deeds. In addition, she assists clients in forming captive insurance companies in the State of Hawaii, and performing the corporate maintenance work on an ongoing basis for such companies.
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.
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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