HRS §532-10
How gifts to children affect inheritance when someone dies without a will
When a parent dies without a will and had already given a child money or property as an early inheritance, that gift is counted when dividing the estate. If the gift equals or exceeds the child's share, the child gets nothing more. If it's less, the child gets only enough to make everyone's shares equal.
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The statute, as written — Advancements; effect of
If an advancement has been made by an intestate to any of his children by settlement or portion of real or personal estate, or both, the value thereof shall be reckoned for the purposes of this section only, as part of the real and personal estate of the intestate, descendible to his heirs, and to be distributed to his next of kin, according to law. If the advancement is equal or superior to the amount or share which the child would be entitled to receive, of the real and personal estate of the deceased, as above reckoned, then the child and his descendants shall be excluded from any share in the real and personal estate of the intestate. If the advancement is not equal to the share, the child and his descendants shall be entitled to receive so much only of the personal estate, and to inherit so much only of the real estate of the intestate, as shall be sufficient to make all the shares of the children, in the real and personal estate and advancement, equal as nearly as can be estimated. [CC 1859, §§1457, 1459; RL 1925, §3311; RL 1935, §4819; RL 1945, §12079; RL 1955, §318-10; HRS §532-10]
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