Hawaii Revised Statutes 560:2-402 – Homestead allowance
Current as of: 2024 | Check for updates
|
Other versions
Terms Used In Hawaii Revised Statutes 560:2-402
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Decedent: A deceased person.
- Dependent: A person dependent for support upon another.
- Intestate: Dying without leaving a will.
A decedent‘s surviving spouse or reciprocal beneficiary shall be entitled to a homestead allowance of $30,000. If there is no surviving spouse or reciprocal beneficiary, each minor child and each dependent child of the decedent shall be entitled to a homestead allowance amounting to $30,000 divided by the number of minor and dependent children of the decedent. The homestead allowance shall be exempt from and has priority over all claims against the estate. The homestead allowance shall be in addition to any share passing to the surviving spouse or reciprocal beneficiary or minor or dependent child by the will of the decedent, unless otherwise provided, by intestate succession, or by way of elective share.