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- Division 3. Property; Family
- Title 30a. Uniform Probate Code
- Chapter 560. Uniform Probate Code
- Article II. Intestate Succession and Wills
- Part 6. Rules of Construction Applicable Only to Wills
HRS § 560:2-606 Nonademption of Specific Devises; Unpaid Proceeds of Sale, Condemnation, Or Insurance; Sale By Conservator Or Agent
Library | Hawaii Statutes |
Edition | 2023 |
Currency | Current through 2023 Legislative Session |
Year | 2023 |
Citation | HRS § 560:2-606 |
(a) A specific devisee has a right to the specifically devised property in the testator's estate at death and:
(1) Any balance of the purchase price, together with any security agreement, owing from a purchaser to the testator at death by reason of sale of the property;
(2) Any amount of a condemnation award for the taking of the property unpaid at death;
(3) Any proceeds unpaid at death on fire or casualty insurance on or other recovery for injury to the property; and
(4) Property owned by the testator at death and acquired as a result of foreclosure, or obtained in lieu of foreclosure, of the security interest for a specifically devised obligation.
(b) If specifically devised property is sold or mortgaged by a conservator or by an agent acting within the authority of a durable power of attorney for an incapacitated principal, or if a condemnation award, insurance proceeds, or recovery for injury to the property are paid to a conservator or to an agent acting within the authority of a durable power of attorney for an incapacitated principal, the specific devisee has the right to a general pecuniary devise equal to the net sale price, the amount of the unpaid loan, the condemnation award, the insurance proceeds, or the recovery.
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