PRESERVE YOUR LEGACY.
PROMOTE FAMILY HARMONY.
SHIMADA ESTATE PLANNING focuses on the following areas:
Trust Packages
Will Packages
Trust + Probate Administration
Guardianship + Conservatorship
Scroll down to learn more about each of these offerings
Trust Packages
A Trust is a legal entity that allows a third party (trustee) to manage assets during life and after death.
Revocable Living Trusts are used to avoid probate, provide incapacity management, and maintain privacy. They are amendable or revocable during the Settlor’s life.
Documents included in a Revocable Living Trust package typically include the following:
Living Trust Agreement
Pour-over will
Certification of Trust
Deed(s) to Trust (if applicable),
Assignment of Tangible Properties
Memorandum for Tangible Properties
Durable Power of Attorney
Advance Health Care Directive
Declaration of Disposition of Remains
HIPAA Authorization and Release,
and any other necessary documents.
Will Packages
A Will is a legal document that provides instructions for the distribution of property after one’s death.
Wills do NOT avoid probate and do not provide for you during your incapacity.
Documents included in a Will package typically include the following
Last Will and Testament
Memorandum for Tangible Properties
Durable Power of Attorney
Advance Health Care Directive
Declaration of Disposition of Last Remains
HIPAA Authorization and Release
and any other necessary documents
Trust + Probate Administration
Probate is the legal process through which the court makes sure that (after you die) your Will is valid, your debts are paid and your assets are distributed appropriately.
Both Trust and Probate Administration address post-death affairs but they proceed under different legal frameworks, use different fiduciaries, and differ markedly in court involvement, cost, timing, and privacy.
We will work with the courts to help you with the following:
Identifying assets
Paying valid debts and taxes
Distributing residue to beneficiaries
Guardianship + Conservatorship
Guardianship is a court-supervised protective proceeding in which a judge appoints a fiduciary (the guardian) to make personal and/or health care decisions for another person (the ward) who is legally determined to lack sufficient capacity to make or communicate those decisions.
In Hawaii, guardianship is governed by Article 5 of the Hawaii Uniform Probate Code (HRS ch. 560, art. 5).
A related but distinct proceeding—conservatorship—addresses management of a person’s property and finances.
Courts must tailor appointments of Guardianship and Conservatorship to the least restrictive alternative necessary to meet the respondent’s needs.
We prepare documents with your important goals in mind
Control your property while you are alive and well.
Provide for yourself and your loved ones if you become mentally incapacitated.
When you die, give what you want to whom you want, the way you want, and when you want.
Minimize the impact of professional fees, and court fees as much as possible.
Our services are geared towards each client’s individual needs. We extend our services for home/hospice/hospital calls in an emergency situation (please ensure that you have mental capacity), if needed.