Title 28, Property

[§523A-57] State's right unaffected by expiration of time for proceeding. The expiration of any period of time specified by statute or court order, during which an action or proceeding may be commenced or enforced to obtain payment of a claim for funds or delivery of property sha…

[§523A-58] Petition for determination of State's right to custody of unclaimed property; venue; service not required. (a) Within one hundred twenty days following the date of publication by the director, or whenever it appears, after investigation by the director or otherwise, th…

[§523A-59] Notice of proceedings. (a) Commencing within five days after the filing of the petition, notice of the proceeding shall be published once each week for three consecutive weeks in a newspaper of general circulation published within the city and county of Honolulu. At th…

[§523A-6] Dormancy charge. A holder may deduct from property presumed abandoned a charge imposed by reason of the owner's failure to claim the property within a specified time only if there is a valid and enforceable written contract between the holder and the owner under which t…

[§523A-60] Answer; disposition of funds on deposit; dismissal without prejudice. Any person, whether or not named in the petition, may within fifteen days but not more than sixty days after the date of the first publication of the notice respond to the petition by answer describi…

[§523A-61] Application for judgment relating to property not claimed by answer, and finding and declaration thereon. Within twenty days following expiration of time for filing an answer under section 523A-60, the attorney general shall apply to the court for a judgment relating t…

[§523A-62] Request for delivery or payment of unclaimed property described in judgment; receipts. The director of finance shall request delivery or payment of all unclaimed property described in the judgment declaring the right of the State to receive custody of such property. Th…

§523A-63 Disposition of property received. Property received under this part shall be deposited or sold by the director as though received under part I of this chapter. Property received under this part shall not be subject to claim within two years following the date upon which …

[§523A-64] Undertaking to hold the United States harmless; intervention by state attorney general. (a) Upon the payment and delivery of property to the director, the State assumes custody and responsibility for the safekeeping of the property. An officer, department or agency of …

§523A-65 State rights not affected. (a) Notwithstanding any other provision of law, the right of the State to maintain an action and to recover presumptively abandoned property and the obligation of the federal government, or any federal agency, entity, officer, or appointee ther…

[§523A-7] Burden of proof as to property evidenced by record of check or draft. A record of the issuance of a check, draft, or similar instrument shall be prima facie evidence of an obligation. In claiming property from a holder who is also the issuer, the administrator's burden …

[§523A-8] Report of abandoned property. (a) A holder of property presumed abandoned shall make a report to the administrator concerning the property. (b) The report shall be verified and shall contain: (1) A description of the property; (2) Except with respect to a traveler's che…

§523A-9 Payment or delivery of abandoned property. (a) Except for property held in a safe deposit box or other safekeeping depository, upon filing the report required by section 523A-8, the holder of property presumed abandoned shall pay, deliver, or cause to be paid or delivered…

[§524-1] Definitions. As used in this chapter: "Facility" means a multi-unit residential building, including all operations associated therewith, used for retirement purposes in which living units are leased for a term to last for the lifetime of the lessee and the lessee's survi…

[§524-2] Facility advisory body. The board of directors or other governing body of each facility shall create an advisory body composed of residents of the State, and at least two members, or twenty-five per cent, whichever is greater, shall be lessees of the facility. At least o…

[§525-1] Statutory rule against perpetuities. (a) A nonvested property interest is invalid unless: (1) When the interest is created, it is certain to vest or terminate no later than twenty-one years after the death of an individual then alive; or (2) The interest either vests or …

[§525-2] When nonvested property interest or power of appointment created. (a) Except as provided in subsections (b) and (c) and in section 525-5(a), the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property…

[§525-3] Reformation. Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the ninety years allowed by section 525-1(a)(2), (b)(2), or (c)(2) if: (…

§525-4 Exclusions from statutory rule against perpetuities. Section 525-1 shall not apply to: (1) A fiduciary's power to sell, lease, or mortgage property, and the power of a fiduciary to determine principal and income; (2) A discretionary power of a trustee to distribute princip…

[§525-5] Prospective application. (a) Except as extended by subsection (b), this chapter applies to a nonvested property interest or a power of appointment that is created on or after June 18, 1992. For the purposes of this section, a nonvested property interest or a power of app…

[§525-6] Short title. This chapter may be cited as the "Uniform Statutory Rule Against Perpetuities". [L 1992, c 262, pt of §2]

[§526-1] Short title. This chapter may be cited as the "Uniform Disclaimer of Property Interests Act (1999)". [L 2000, c 43, pt of §1]

[§526-10] Disclaimer by appointee, object, or taker in default of exercise of power of appointment. (a) A disclaimer of an interest in property by an appointee of a power of appointment takes effect as of the time the instrument by which the holder exercises the power becomes irr…

[§526-11] Disclaimer of power held in fiduciary capacity. (a) If a fiduciary disclaims a power held in a fiduciary capacity which has not been exercised, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable. (b) If a fiduciary disclaims…

§526-12 Delivery or filing. (a) In this section, "beneficiary designation" means an instrument, other than an instrument creating a trust, naming the beneficiary of: (1) An annuity or insurance policy; (2) An account with a designation for payment on death; (3) A security registe…

[§526-13] When disclaimer barred or limited. (a) A disclaimer is barred by a written waiver of the right to disclaim. (b) A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective: (1) The disclaimant accepts th…

[§526-14] Tax qualified disclaimer. Notwithstanding any other provision of this chapter, if as a result of a disclaimer or transfer the disclaimed or transferred interest is treated pursuant to the provisions of Title 26 of the United States Code, as now or hereafter amended, or …

§526-15 Recording of disclaimer. If an instrument transferring an interest in or power over property subject to a disclaimer is required or permitted by law to be filed, recorded, or registered, the disclaimer may be filed, recorded, or registered. Except as otherwise provided in…

[§526-16] Application to existing relationships. Except as otherwise provided in section 526-13, an interest in or power over property existing on July 1, 2000 as to which the time for delivering or filing a disclaimer under law superseded by this chapter has not expired may be d…

[§526-2] Definitions. In this chapter: "Disclaimant" means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made. "Disclaimed interest" means the interest that would have passed to the disclaimant had the disclaimer not been made. "D…

[§526-3] Scope. This chapter applies to disclaimers of any interest in or power over property, whenever created. [L 2000, c 43, pt of §1]

[§526-4] Chapter supplemented by other law. (a) Unless displaced by a provision of this chapter, the principles of law and equity supplement this chapter. (b) This chapter does not limit any right of a person to waive, release, disclaim, or renounce an interest in or power over p…

[§526-5] Power to disclaim; general requirements; when irrevocable. (a) A person may disclaim, in whole or part, any interest in or power over property, including a power of appointment. A person may disclaim the interest or power even if its creator imposed a spendthrift provisi…

§526-6 Disclaimer of interest in property. (a) In this section: "Future interest" means an interest that takes effect in possession or enjoyment, if at all, later than the time of its creation. "Time of distribution" means the time when a disclaimed interest would have taken effe…

[§526-7] Disclaimer of rights of survivorship in jointly held property. (a) Upon the death of a holder of jointly held property, a surviving holder may disclaim, in whole or part, the greater of: (1) A fractional share of the property determined by dividing the number one by the …

[§526-8] Disclaimer of interest by trustee. If a trustee disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property. [L 2000, c 43, pt of §1]

[§526-9] Disclaimer of power of appointment or other power not held in fiduciary capacity. If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the following rules apply: (1) If the holder has not exercised the power, the disclaimer takes …

[§527‑1] Short title. This Act may be cited as the Uniform Real Property Transfer on Death Act. [L 2011, c 173, pt of §1]

[§527‑10] Notice, delivery, acceptance, consideration not required. A transfer on death deed shall be effective without notice or delivery to or acceptance by the designated beneficiary during the transferor's life, and without consideration. [L 2011, c 173, pt of §1]

[§527‑11] Revocation by instrument authorized; revocation by act not permitted. (a) Subject to subsection (b), an instrument is effective to revoke all or any part of a recorded or filed transfer on death deed only if the instrument is acknowledged by the transferor after the ack…

[§527‑12] Effect of transfer on death deed during transferor's life. During a transferor's life, a transfer on death deed shall not: (1) Affect an interest or right in the subject property of the transferor or any other owner, including the right to transfer or encumber the subje…

[§527‑13] Effect of transfer on death deed at transferor's death. (a) Except as otherwise provided in the transfer on death deed, this section, or sections 560:2-202, 560:2-603, 560:2-702, 560:2-706, 560:2-707, 560:2-803, and 560:2-804, on the death of the transferor, the followi…

[§527‑14] Disclaimer. A beneficiary may disclaim all or part of the beneficiary's interest as provided by chapter 526, the Uniform Disclaimer of Property Interests Act. [L 2011, c 173, pt of §1]

[§527‑15] Liability for creditor claims and statutory allowances. (a) To the extent the transferor's probate estate is insufficient to satisfy an allowed claim against the estate or a statutory allowance to a surviving spouse or child, the estate may enforce the liability against…

[§527‑16] Uniformity of application and construction. In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact similar uniform legislation. [L 2011, c 173, pt …

[§527‑17] Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, P.L. 106-229, title 15 United States Code chapter 96, but does not modify, limit, …