Information for Relatives of a Deceased Class Member
This information 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.”
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.
Do I have to do anything right now?
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 filling out the Information Request Form here.
Is my relative being represented in the claims process?
Class Counsel represents 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 Settlement 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 awarded a 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.