Information for Relatives of a Deceased Class Member


This notice is for relatives of deceased class members in the Kalima v. State lawsuit. Class members are

“All persons who filed claims with the Hawaiian Home Lands

Trust Individual Claims Review Panel on or before August 31, 1995.”


Aloha,

On June 6, 2022, the First Circuit Court granted preliminary approval for a class action settlement in the Kalima v. State lawsuit. If you are a class member, you will be receiving written information in the coming weeks.

Payment will be computed by a Claims Administrator under the direction of a Settlement Special Master, who will present them to the Court for approval.

Class members who do not opt-out and pursue their own lawsuit will receive a formal notice of settlement payment and can accept the payment or file objections with the judge.

Please designate a family member who will be the representative for the family in connection with this lawsuit. The representative will serve as the point of communication during the processing of the deceased person’s claim. Being appointed as a representative does not entitle the appointed person to receive any settlement proceeds that are awarded to the deceased person’s estate.

Please provide the Claims Administrator with information about the deceased class member, including whether they had a will or trust and the names of their spouse and children. You may provide that information by clicking here.

WHO IS PART OF THIS LAWSUIT:

The class members for this settlement are “All persons who filed claims with the Hawaiian Home Lands Trust, Individual Claims Review Panel on or before August 31, 1995.”

THE FOLLOWING PERSONS ARE NOT PART OF THIS SETTLEMENT AND WILL NOT RECEIVE A SETTLEMENT PAYMENT:

1) Individuals who did not file a claim with the Panel on or before August 31, 1995.

2) Individuals who filed a timely claim with the Panel but the claim did not assert an individual breach of trust which occurred between August 21, 1959, and June 30, 1988.

3) Individuals who filed a timely claim with the Panel but the claim asserted an individual breach of trust that occurred after June 30, 1988.

4) Individuals who filed a timely claim with the Panel but the claim was not a valid HRS Chapter 674 claim.

5) Individuals who filed a timely claim with the Panel but settled their claim.

6) Individuals who opted out of the Lawsuit in response to the 2007 class notice.

7) Individuals who opted out of the Lawsuit in response to the 2012 class notice.

8) Individuals who opt-out of the Settlement Class and this Settlement by sending a valid and timely Opt-Out Letter to the Claims Administrator.

Is my relative being represented in the settlement process?

Class counsel represent all deceased class members in the settlement process. Each claim will be presented based upon the written claim and other evidence that was submitted to the Panel. If more information is needed, someone will contact you.

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

If you are a representative, you may receive official mail from the Claims Administrator. All letters will reference the Kalima lawsuit or Kalima Claims Administration in the return address.

If you are requested 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.

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

Notice will be sent to you once your relative’s claim has been referred to the Claims Administrator and validated.

If my relative is entitled to a settlement payment, who will receive it?

Payment to deceased class members will be made to their estates. This process—called probate—will take several months or more after the final approval.

Under Hawai'i law, money awarded to a deceased person will pass to family members if provided for in either a will or trust, or to certain family members if there is no will or trust.

Ultimately the Probate Court will have to approve the distribution of any settlement payment to the deceased class members’ heirs. We will be providing more information in the future about the steps that must be taken to open probate and distribute the settlement payment.

How do I contact you?

Please go to the “Contact Us” page on this website and fill in the form with your question. You may also call (808) 650-5551 or 1 (833) 639-1308.