HRS §560:6-107
When money from a shared bank account can be taken back to pay the deceased person's debts
This section lets the person in charge of a deceased person's estate take back money that was paid to someone else from a shared bank account, but only if the estate doesn't have enough to pay taxes, administration costs, and certain family allowances. The person who got the money may have to give it back. A claim must be started within two years of the death. Banks are protected if they paid out according to the account terms.
beneficiariesfinancial institutionspersonal representativessurveyors
The statute, as written — Rights against multiple-party accounts
A transfer to a survivor of a multiple-party account can be set aside, to the extent described below, in the event the assets in the hands of the personal representative of the deceased party are insufficient to pay taxes, expenses of administration, and homestead and family allowances under sections 560:2-402 and 560:2-404. A surviving party, payable-on-death payee, or beneficiary who receives payment from a multiple-party account after the death of a deceased party may, on application of the personal representative of the deceased party's estate, the surviving spouse or reciprocal beneficiary of the deceased party, or one acting for a dependent or minor child of the deceased party, be required to account to said personal representative for the deceased party's net contribution to the account to the extent necessary to discharge the insufficiency described above. No proceeding to assert this right shall be commenced later than two years following the death of the deceased party. Sums recovered hereunder shall be administered as part of the decedent's estate. This section shall not affect the right of a financial institution to make payment on multiple-party accounts according to the terms thereof, or make it liable to the estate of a deceased party unless before payment either the institution has been served with process in a proceeding by the personal representative or the institution has actual knowledge that making payment will jeopardize the payment of the taxes, expenses and allowances above mentioned.
Sections this one refers to
§560:2-402 Homestead allowance for family after death
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