Kalima Lawsuit

If you have not already done so, please complete the Information Request Form. In order to deliver settlement payments to the proper heirs and devisees of deceased Class Members, and to help expedite this process, the Claims Administrator must have complete contact information about the deceased Class Members’ heirs and devisees. Additionally, please designate one person for each deceased Class Member to provide and receive information. By submitting this information, it will help speed up payment of the Deceased Class Member’s settlement payment.

If you have already filled out the information request form and the information you submitted is accurate, you do not need to submit another. However, if the information you previously submitted has changed, please submit another form with the updated information.

The Deceased Class Member Information Request Form is available here.

If the deceased Class Member died outside Hawai‘i, you must fill out an Information Request Form and send a certified copy of the death certificate to the Claims Administrator. You may submit a paper copy by mail or an electronic copy by email. Please make sure that you copy or scan both sides of the certificate so that any certification, seal, or stamp on the front or back of it is clear and visible. Do not send the original document.

If a Class Member qualifies to receive a settlement payment but has passed away before the payment is made, the settlement payment will be made as follows:

1. Settlement payments will be made to the legal representative of the deceased Class Member’s estate after appropriate court documents establishing the legal representative’s appointment is received by the Claims Administrator and approved by the Probate Court of the First Circuit, State of Hawai‘i.
2. If there is no legal representative, settlement payments will be made to the heirs and devisees of deceased Class Members after orders are issued by the Probate Court of the First Circuit, State of Hawai‘i approving those payments.

The legal representative is a person appointed by a court or through state law process who is responsible for distributing the assets of an estate according to the terms of the deceased’s will, if there was one, or consistent with the laws governing distribution of assets of those who die without a will. Note that a legal representative can also be referred to as a personal representative or executor, depending on the court or state.

The specific documents can vary from state to state. Generally, documents are issued by a court or a state law process that identify the legal representative, executor, personal representative or administrator of the estate of the deceased. In this Settlement, Counsel are working with the Court to determine what specific documents will be accepted pursuant to a Probate Plan. Once that Probate Plan is approved by the Court, a list of acceptable documentation will be made available.

In the meantime, please know that:

• Documents such as a funeral program, an obituary, or statements from family members are NOT sufficient.
• Documents showing that you inherited property from the deceased (such as a will) or which establish your family relationship (such as birth certificates or death certificates) are NOT sufficient.
• Documents indicating the decedent’s desire that you be appointed legal representative or executor of his or her estate (such as a will or Power of Attorney) are NOT sufficient.
• There can be multiple family members or persons who inherit property but this is not the same as a “legal representative.”

While these documents do not establish who the legal representative is, they can be helpful in ensuring that any award is given to the correct people who are entitled to share in the proceeds of the estate. Please keep any such documentation so that you can provide it to your attorney or the Probate Special Counsel.

There are several family members who have submitted Information Request Forms for my deceased parent or deceased relative. Do we all get a settlement payment?

Not necessarily. If the claim was successful, the settlement payment will be calculated per Class Member. All checks will be made payable either to the legal representative of the estate of a deceased Class Member, or as ordered by the Probate Court of the First Circuit, State of Hawaii. If the payment is made to the legal representative for an estate, the legal representative will be responsible for distributing the Settlement proceeds to the correct people who are entitled to share in the proceeds of the estate.

No. In order to be the legal representative of an estate, a person must be approved by a court or by a state law process. It is not sufficient that all members of the family of the deceased agree on who they want the legal representative to be.

No. These documents are not sufficient to establish a person as a legal representative. However, these documents may be helpful if you are working with your attorney or with the Probate Special Master and Probate Special Counsel. Please keep any such documentation so that you can provide it to your attorney or the Probate Special Counsel.

Documents such as a funeral program, an obituary, or statements from family members are NOT sufficient to establish a person as a legal representative.

Documents showing that you inherited property from the deceased (such as a will) or which establish your family relationship (such as birth certificates or death certificates) are NOT sufficient to establish a person as a legal representative.

Documents indicating the decedent’s desire that you be appointed executor of his or her estate (such as a will or Power of Attorney) are NOT sufficient to establish you as a legal representative.

We can only accept documents issued by a court or state law process that establish the legal representative of an estate. In this Settlement, the Probate Special Master and Probate Special Counsel are working with the Court to determine what specific documents will be accepted pursuant to a Probate Plan. Once that Probate Plan is approved by the Court, a list of acceptable documentation will be made available.

The person who submits the claim or Information Request Form is not always the person who is appointed the legal representative. Please discuss the matter with the individual who was appointed the legal representative.

The settlement payment will be sent only to the legal representative or sent as directed pursuant to appropriate court order. The legal representative will be responsible for distributing the settlement proceeds to the correct people who are entitled to share in the proceeds of the estate.

You can either hire your own private counsel (at your own cost) or participate in the Probate Plan (fees and costs will be taken from the settlement payment).

Please see "How do I choose an attorney to help me?" for additional information on locating an attorney to assist. Please see "What is the Probate Plan?" for additional information on the Probate Plan.

The Probate Special Master and Probate Special Counsel have been appointed to develop and carry out a process to deliver settlement funds to the heirs and devisees of deceased Class Members. For any families who do not hire private counsel, the Probate Special Master and Probate Special Counsel will petition the Probate Court for approval to make distributions to the proper heirs and devisees. Any fees or costs incurred in this approval will be deducted from the settlement payment.

While you may retain private counsel to assist you in the probate process (see "What do I need to do if I want to use the Probate Plan process?"), the Probate Special Master and Probate Special Counsel will be involved to a certain extent in all disbursements for funds allocated for Deceased Class Members.

You can contact the Hawai‘i State Bar Association Lawyer Referral and Information Service and request a referral to attorneys who are willing to work on the “Kalima Probate” claims:

Hawaii State Bar Association
Lawyer Referral and Information Service
Monday – Friday 8:30 a.m. – 4:30 p.m.
Phone: 1-808-537-9140
Email: LRIS@hsba.org
www.hawaiilawyerreferral.com

You may also contact community legal service providers that may (but also may not) be able to provide free or low-cost legal services, depending on their availability and other factors. These service providers include the following:

Volunteer Legal Services of Hawai'i: 1-808-528-7046
Legal Aid Society of Hawai'i: 1-808-696-6322
University of Hawai'i Elder Law Program: 1-808-956-6544

Please note that this is not an endorsement of any services or attorneys.

The deadline to notify the Claims Administrator that you hired a private attorney is December 1, 2023. Please ask your private attorney to inform the Claims Administrator via letter that you are being represented by a private attorney for the probate of the deceased Class Member’s estate. Please ask your private attorney to reference the Kalima Settlement in Court‐filed documents.

While we cannot specifically identify an attorney for you, there are many qualified attorneys available to assist you. See "Do I have to work with the Probate Special Master and Probate Special Counsel?". However, you may want to speak with several attorneys before deciding to hire a specific attorney. Some issues to discuss with prospective attorneys, include:

• Does the attorney have a practice that is dedicated to probate matters?
• How many other cases like mine has the attorney worked on?
• Who will be working on my case?
• How will you charge me? What are the estimated legal fees and are there any other fees?
• How long will it take to go through probate?
• What potential issues might delay the case?
• Will I be able to reach you easily?

The amount will likely vary depending on the specific circumstances of the deceased Class Member and the attorney you hire.

If you do not hire private counsel, the deceased Class Member will automatically be included in the Probate Plan process. The Probate Special Master and Probate Special Counsel will petition the Probate Court for approval to make distributions to the proper heirs and devisees. Any fees or costs incurred in obtaining the approval will be deducted from the settlement payment.

You may be asked for additional information and receive official mail from the Claims Administrator. All letters will reference the Kalima lawsuit or Kalima Settlement Administration in the return address. If you are asked to submit information on your deceased family member’s claim, please do so promptly.

You will not be asked for personal financial information, such as information about your bank account or assets.

Any deceased Class Member who is not represented by private counsel by December 1, 2023 will automatically be included in the Probate Plan process. You may be asked for additional information and receive official mail from the Claims Administrator. All letters will reference the Kalima lawsuit or Kalima Settlement Administration in the return address. If you are asked to submit information on your deceased family member’s claim, please do so promptly.

You will not be asked for personal financial information, such as information about your bank account or assets.

First, you should discuss who should be the legal representative with any other family members. In most cases, the legal representative is the surviving spouse but can also be the child of the deceased. Next, you should decide if you want to retain private counsel (see "How do I choose an attorney to help me?") or use the Probate Plan (see "What do I need to do if I want to use the Probate Plan process?").

It will vary depending on how long it takes to obtain the proper documentation from the Court.

Intestate means that a person died without a will. When this happens, there’s no legal document to determine how a person’s estate and assets should be divided, including any award from this Settlement. The decision to control and divide up the assets and the award rests on legal procedures in the Probate Court rather than the deceased person’s wishes.

The Probate Court handles the “probate” of wills, guardianships, conservatorships, trusts, and estate administration. And, in cases of individuals passing away without a will, the Probate Court will determine who is entitled to the deceased person’s assets as well as the award in this Settlement.

Yes, we encourage you to start the process now by gathering any documentation that you might have relating to the deceased Class Member and determining whether you will retain private counsel or utilize the Probate Plan.

If you’re hiring private counsel, we ask that you advise the Claims Administrator no later than December 1, 2023, including the name and contact details of your attorney.

Please send a copy to the Claims Administrator. Please make sure that you copy or scan both sides of the documentation so any certification, seal, or stamp on the front or back of it is clear and visible. Do not send the original copy. Once you submit documentation that you or your attorney believe are acceptable, the Claims Administrator with the Probate Special Master and the Probate Special Counsel will review the documentation to ensure that it conforms to the requirements in the Probate Plan. If additional information is required, we will reach out to you or your attorney.

Right now, Counsel, the Probate Special Master and the Probate Special Counsel are working with the Court to establish a Probate Plan that will detail the specific documentation that is required. When that Probate Plan is approved by the Court, this website will be updated to detail the documentation required.

Once you submit documentation that you or your attorney believe are acceptable, the Claims Administrator with the Probate Special Master and the Probate Special Counsel will review the documentation to ensure that it conforms to the requirements in the Probate Plan. If additional information is required, we will reach out to you or your attorney.