![]() ![]() A property owner who creates a life estate deed typically reserves a life estate to him- or herself and names another person-called the remainderman-who receives the property when the owner dies. 3 Hawaii Life Estate DeedĪ Hawaii life estate deed works similarly to a TOD deed, but the future owner’s rights during the current owner’s life are more concrete. It also does not limit any of the owner’s rights in the property during life-such as the right to sell or mortgage it. 2 But a Hawaii TOD deed is fully revocable until the owner’s death. 1 The property owner records a TOD deed naming a beneficiary while the owner is living. Hawaii Transfer-on-Death DeedsĪ Hawaii transfer-on-death deed-sometimes called TOD deed or beneficiary deed-allows for transfer of property outside probate upon the owner’s death. The following Hawaii estate planning deeds let the current owner keep the property during life and pass title to a named beneficiary outside probate when the owner dies. Hawaii law recognizes other, more specialized deed forms-including deeds designed to transfer ownership upon the owner’s death. What Types of Estate Planning Deeds Are Used in Hawaii? We’ll go over the options that are available in Hawaii and provide guidance on choosing the deed form that matches your goals. Questions about what Hawaii deed form is right for you?Ĭlick the link below to use our guided interview. The terms of the deed’s limited warranty-including that the warranty only applies to the current owner’s ownership period-must be expressly written in a Hawaii limited warranty deed. Hawaii limited warranty deeds typically state that the current owner “grants, bargains, sells, and conveys” the property to the new owner. Limited warranty deeds are the deeds most often used for sales of commercial real estate. ![]() Hawaii courts and lawyers also use the term special warranty deed-which is the same as a limited warranty deed. The new owner bears the risk of any title problems caused by events earlier in the property’s chain of title. The current owner guarantees a good, clear title, but the guarantee only covers issues that arose while the current owner held title. Hawaii Limited Warranty Deed FormĪ Hawaii limited warranty deed form transfers real estate with warranty of title limited to the current owner’s ownership period. The warranty of title terms must be expressly written in a Hawaii general warranty deed. Hawaii general warranty deeds typically state that the current owner “grants, bargains, sells, and conveys” the property to the new owner. General warranty deeds are the deeds most commonly used for sales of residential real estate the buyer will live in. The current owner therefore bears the risk of all potential problems with the property’s title not expressly excluded from the warranty. The guarantee covers the property’s entire chain of title. The current owner guarantees that the new owner will receive a good, clear title. Hawaii General Warranty Deed FormĪ Hawaii general warranty deed form transfers real estate with complete warranty of title. Hawaii quitclaim deeds typically state that the current owner “remises, releases, and forever quitclaims” the property to the new owner. Quitclaim deeds are best-suited to transactions involving little or no consideration exchanged for the transferred real estate. The new owner assumes all risk of known or unknown problems with the title. The new owner receives whatever interest the current owner can legally transfer. The current owner does not guarantee a good, clear title. ![]() Hawaii Quitclaim Deed FormĪ Hawaii quitclaim deed form transfers real estate without warranty of title. Hawaii deeds are instead based on common law principles. Each Hawaii deed form provides a different level of warranty of title-the current owner’s guarantee that the property’s title is valid and free of liens or other title issues. Hawaii law recognizes three basic types of deeds for transferring real estate ownership during the owner’s life. ![]() What Types of Deeds Are Recognized in Hawaii? Just complete a user-friendly interview and get a customized deed that is attorney-designed to meet Hawaii recording requirements. ![]()
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