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- 2023 Edition
- Division 3. Property; Family
- Title 30a. Uniform Probate Code
- Chapter 560. Uniform Probate Code
- Article II. Intestate Succession and Wills
- Part 1. Intestate Succession
- Subpart A. General Provisions
HRS § 560:2-103 Share of Heirs Other Than Surviving Spouse Or Reciprocal Beneficiary
Library | Hawaii Statutes |
Edition | 2023 |
Currency | Current through 2023 Legislative Session |
Year | 2023 |
Citation | HRS § 560:2-103 |
Any part of the intestate estate not passing to the decedent's surviving spouse or reciprocal beneficiary under section 560:2-102, or the entire intestate estate if there is no surviving spouse or reciprocal beneficiary, passes in the following order to the individuals designated below who survive the decedent:
(1) To the decedent's descendants by representation;
(2) If there is no surviving descendant, to the decedent's parents equally if both survive, or to the surviving parent; provided, however, if the decedent is a minor, and if it is shown by clear and convincing evidence that any parent has:
(A) Deserted the child without affording means of identification for a period of at least ninety days;
(B) Failed to communicate with the child when able to do so for a period of at least one year when the child is in the custody of another; or
(C) Failed to provide for care and support of the child when able to do so for a period of at least one year when the child is in the custody of another despite a child support order requiring such support;
such parent shall be deemed to have predeceased the decedent;
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