How does putting land in a trust protect it for future generations?
By Devon Haia, Esq. Equal Justice Works Disaster Resilience Fellow and Staff Attorney Whether property was recently purchased, or passed down through generations, ʻohana can use a family land trust as a legal shield to protect and preserve their land for future generations. A trust is a legal tool used to hold title to assets. Every trust has a creator, at least one trustee, and at least one beneficiary. When an asset, such as land, is placed in a trust, title to the land splits: the trustees hold legal title and the beneficiaries hold equitable title. Legal title means the ...
My ʻohana lost our home & the title is in the name of deceased family members. How can we update the title, so we can access loans to rebuild?
By Liʻulā Christensen, NHLC Senior Staff Attorney When multiple family members own undivided interests or shares in a single property, that property is generally considered “heirs’ property.” Sometimes title is still in the name of a deceased relative because the property has passed down, sometimes even across multiple generations, without the legal paperwork and process required to keep the title in the name of the current, living owners. As a result, sometimes large groups of relatives can own partial interests in family land, however, they often do not have deeds or court documents listing their ownership interest in the property. ...
How can a deceased owner sign a RoE to participate in the free Maui Wildfire Debris Removal program?
My ʻohana’s home burned down in the Lahaina wildfire. The property is owned by me and my deceased sibling. I want to sign up for the free Maui Wildfire Debris Removal program, but the county needs all owners to sign the Right-of-Entry Permit. What do I do? Do I have to participate in the debris removal program? By Liʻulā Christensen, NHLC Senior Staff Attorney The government debris removal program provides owners of homes lost in the Maui wildfires with debris removal paid for by FEMA and any insurance earmarked for debris removal. If there is no insurance, then the program ...
Questions about FEMA Aid
UPDATE: The deadline to register for FEMA aid mentioned has been further extended from November 9, 2023 to December 9, 2023. By Kirsha K.M. Durante, NHLC Litigation Director Families affected by the Maui wildfires are still in the early stages of grief and recovery. The road to healing and rebuilding will be long, and there will be many legal questions along the way. We are using this month’s column to address questions about the Federal Emergency Management Agency (FEMA) because there is a fast-approaching October 10 deadline to register for FEMA aid and we know there are many in the ...
1st Meeting of Commission on Water Resource Management (CWRM) Since Maui Wildfires
On September 19, 2023, the Commission on Water Resource Management (CWRM) held its first meeting following Maui’s wildfires, the governor’s temporary suspension of the water code, and the controversial “redeployment” of CWRM’s Deputy Director Kaleo Manuel following an August 8, 2023 request by West Maui Land Co. to divert water from streams to fill the company’s reservoirs to fight the wildfires, which he did not immediately grant. NHLC submitted testimony and attended the meeting. The meeting drew a large contingent of Maui residents in-person and online who passionately shared their concerns over the course of more than 10 hours. ...