Information for relatives of a deceased class member

To qualify as a class member, your relative must have filed a claim with the Hawaiian Claims Office between 1991 and 1995.
 
Aloha!
On June 30, 2002, the Hawaii Supreme Court ruled in favor of the class members and will return the case to the circuit court to begin the claims process in which eligibility and the amounts of damages for Waiting List claims will be calculated.  The Court will also decide how to resolve non-waiting list claims, such as successorship, loans, leases and construction issues.

PLEASE PROVIDE YOUR CONTACT INFORMATION BY FILLING OUT THE CONTACT US FORM ON THIS WEBSITE.  PLEASE NOTE WHETHER OR NOT YOUR RELATIVE HAS A WILL OR A TRUST AND WHETHER YOU HAVE BEEN DESIGNATED AS A SUCCESSOR OR HAVE BEEN APPOINTED AS THE REPRESENTATIVE OF HIS/HER ESTATE.

YOU DO NOT HAVE TO TAKE ANY ACTION AT THIS TIME.  PLEASE CHECK THIS WEBSITE FOR IMPORTANT UPDATES.

YOU MAY HAVE QUESTIONS.

Do I have to do anything right now? 

Your relative’s claim will be presented based upon the written claim and evidence they or you submitted to the Panel.  If more information is needed, someone will contact you.  If you have written proof that you have been designated your family member’s successor or have been appointed as the representative of her/his estate, please provide that to our offices.


What happens next?

Once the Hawai‘i Supreme Court sends the case back to the circuit court, a Special Master will review the class members’ claims and make findings on eligibility and defenses raised by the state.  

Damages will be measured for all residential class members by the fair market rental value of a residential lot in Ma`ili for each year they waited.  Damages will be measured for agricultural and pastoral class members by comparable neighbor island lots.  

The Special Master will send recommendations to the judge, who must approve them.
Class members will receive a formal notice of award and can accept the award,  file objections with the judge, or opt for out of pocket expenses.

Is my relative being represented in the claims process?

Class counsel will represent your relative in the Waiting List claims process. Your relative’s claim will be presented based upon the written claim and evidence your relative submitted to the Panel. If more information is needed, someone will contact you if you have provided us with your contact information and documented that you represent your deceased relative.

Class counsel has not been appointed by the court to represent individual claimants if your relative has another type of claim (successor, loan, lease, construction), which will be resolved after the Waiting List claims are decided.

What communications can I expect to receive regarding the Kalima lawsuit?

You many receive official mail from the Claims Administrator hired by the Special Master. All letters will reference the Kalima lawsuit or Kalima Claims Administration in the return address.

If you are requested to submit information on your relative’s claim, please do so promptly.

How do I find out about the status of my relative’s claim?

Please provide your contact information by filling out the Contact Us form on this website.  Please note whether or not your relative has a will or a trust and whether you have been designated as a successor or have been appointed as the representative of his/her estate.

How Do I Update My Contact Information?

Please go to the Contact Us page on this website and submit your new address on the form.

Who can I call if I have questions about my relative’s will or trust? 
You can find a lawyer by contacting the Hawai'i State Bar Association Lawyer Referral Service.

WEBSITE:  http://hawaiilawyerreferral.com
CALL: (808) 537-9140
EMAIL: iris@hsba.org

If you cannot afford a lawyer, call Volunteer Legal Services of Hawai'i (formerly Hawai'i Lawyers Care):

WEBSITE: https://vlsh.org
CALL: O'ahu:  (808) 528-7046
Hawai'i Island: (808) 313-8210
Kaua'i: (808) 698-6210
                        Maui:  (808) 727-8210

If my relative receives an award, who will receive it?

The court has not decided how deceased members claims will be distributed, but if your relative has a will or a trust, or designated a successor, your relative’s wishes will be followed. Other court procedures, such as probate court approval, may have to be followed depending on your relative’s situation.

How do I contact you?

Please go to the Contact Us page and fill in the form with your question. You may also call 1-888-901-4564 and leave a voice message.

TYPES OF CLAIMS:

Waiting List Subclass – Everyone who filed a claim with the Hawaiian Claims Office (HCO) Claims Panel is part of the Waiting List Subclass.  Each subclass member who submitted an application before June 30, 1988, is a qualified Native Hawaiian and was 18 years old at the time of the application has a Waiting List Claim.

Damages will run from the year/month of application to the year/month of homestead award, or present if no award is made.  Damages are computed based upon a formula adopted by the court.

Lost Applications/Wrongful Denial of Application – Waiting List Subclass members who submitted a claim to the Panel for an earlier application date because of a lost application or wrongful denial of application or other reason will have their claim resolved by the Special Master or his/her designee.

Other Claims – Other types of claims – such as lease, loan and construction disputes – will be resolved after the Waiting List Subclass and Lost Applications/Wrongful Denial of Application claims are decided.


Comments