Category: Out-of-State Owners & HARPTA
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Mainland Probate, Oahu House: Do You Need a Second Probate?
The home state court does not clear title to Hawaii real property. Hawaii’s code has a lighter filing route than a second full probate, with one…
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Can You 1031 Exchange an Inherited Oahu Property? What HARPTA’s N-289 Actually Requires
Inherited Oahu real estate can qualify for a 1031 exchange, and filing Form N-289 can stop HARPTA withholding on the part that is a genuine exchange.
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Why Your Oahu Real Estate Agent Can’t Be Your 1031 Qualified Intermediary
A 1031 exchange requires an independent qualified intermediary. Your agent, attorney, or accountant usually can’t serve in that role. Here is why, and who can.
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What a Personal Representative Actually Pays: Probate Fees in Hawaii
Hawaii has no fixed probate fee schedule. Here is how personal representative and attorney fees actually get set, and a realistic cost range by estate size.
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Inheriting an Oahu Home With a Mortgage Still on It: Can You Keep the Seller’s Rate?
Inherited an Oahu home that still carries a mortgage? Federal law lets you keep the existing rate instead of refinancing. Here is how that actually works.
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HARPTA Refunds: When You Actually Get the Withholding Back
Hawaii withholds 7.25% of your Oahu sale price at closing. Here are the three routes to getting it back, and why the cheapest one closes before…
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Signing an Oahu Home Sale From the Mainland: Power of Attorney and Remote Notarization
You do not have to fly to Hawaii to close. Here is how remote notarization and a power of attorney actually work on an Oahu sale,…
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Selling an Oahu Home Held in a Living Trust: What Skips Probate and What Does Not
A funded living trust lets a successor trustee sell an Oahu home without probate. The deed has to actually be in the trust, and HARPTA still…
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Selling an Oahu Home From Overseas: FIRPTA and HARPTA Both Apply
If you live outside the US and sell an Oahu home, federal FIRPTA and state HARPTA both withhold. Combined that is 22.25% of your sale price…
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Selling an Oahu Rental With a Tenant in Place, From the Mainland
Selling an Oahu rental with a tenant in place, from out of state? The real numbers: 45 days notice, two days before showings, the on-island agent…