Maybe a court envelope arrived with a deadline you do not understand. Maybe a parent’s estate has landed on your desk, or a custody schedule stopped working and nobody explained what comes next. That is a stressful place to start.
Family, estates and courts is a broad area. Family matters include divorce, custody and protection orders. Estate matters include wills, powers of attorney and probate. This guide sorts your situation into the right chapter.
Short answer: write down every date on any court or agency paper you have, find out which court or agency sent it, then read the chapter that matches your problem.
| What this hub covers | Divorce and custody, protection orders, wills and powers of attorney, probate, guardianship, small claims, debt, housing and traffic court |
| First step | Write down every date in any court or agency paper, and save the envelope and delivery proof |
| Free or lower-cost help | Ask about legal aid, court self-help centers, bar referral programs and pro bono attorneys |
Where are you starting?
Step 1: Work out whether your problem is family, estate or money
Start by naming the problem in one line, such as my ex wants to change the schedule or my mother’s will cannot be found. That line tells you which chapter applies.
Searchers use the phrase family estate in different ways. If you searched for a named company or winery with Family Estates in its name, this guide does not describe that business. Its own website is the place to confirm what it is.
This hub groups family matters such as divorce and custody with wills and estate planning.
What this means for you: Name the problem in one line before you read anything else. The line will point you to the right chapter.
Read next
Do I Need a Lawyer? Cost, Timing, and What to Do First: when a lawyer may be worth it, and what to do before you hire one.
Once you know the type of problem, the next question is almost always about dates.
Step 2: Find the deadline on any court paper
Record each date, how the paper was delivered and where the proof of delivery is. The legal deadline organizer guide explains how to keep those records. It does not tell you when your deadline falls, so confirm that with the court, agency or a lawyer.
What this means for you: Confirm every court date with the court or agency that sent the paper.
Read next
A Court Paper Has a Deadline: How to Find the Right Rule and Help Quickly: what to do in the first days after a court paper arrives.
With the deadline written down, you can look at the family matter that applies to you.
Step 3: Divorce, custody and protection orders
The guides below explain the common routes.
The divorce basics guide is the place to start.
The protective order guide covers restraining orders and protective orders.
If your case involves substance use and a drug court program, the SAMHSA resource covers adult drug courts and medication-assisted treatment for opioid dependence. Questions about any medication belong with a clinician.
What this means for you: Read the guide for your situation, then confirm the current forms with your court.
Read next
Child Custody and Visitation: Legal Standards, Modification and How Courts Decide: how courts decide custody and when an order can change.
Family matters often lead to questions about property and wills. The next chapter covers the estate side.
Step 4: Wills, powers of attorney and probate
For the probate process, see the probate guide.
The power of attorney guide covers the types and how to choose an agent.
Can a family trust distribute to a deceased estate? The guides cannot answer that for your papers.
What this means for you: Gather any will, trust and powers of attorney before you call anyone.
Read next
Wills and Estate Planning Basics: What Happens Without a Will and How to Start: what state law does when there is no will.
Some estate problems involve an older adult who cannot make decisions alone. That is the next chapter.
Step 5: Older adults and decisions for someone else
You may be helping an older parent or relative.
The elder law alternatives guide covers less restrictive options. The advance directives guide explains those documents.
What this means for you: Ask what documents already exist before you start a court case. The answer may change which route applies.
Read next
Elder Law Basics: Guardianship, Conservatorship and Less Restrictive Alternatives: the options to weigh before a guardianship case.
If the problem is money rather than decisions, the next chapter covers debts and small claims.
Step 6: Debts, collectors and small claims
The small claims filing guide lists what to bring.
If a collector contacts you, see the debt collection guide.
What this means for you: Keep every bill, letter and payment record.
Read next
Do You Need a Lawyer for Small Claims Court?: when you may not need a lawyer.
Some disputes are about housing, traffic tickets or old records. Those are in the next chapter.
Step 7: Housing, traffic tickets and records
For security deposits, habitability and eviction, see the tenant rights guide. See the landlord retaliation guide for related tenant problems.
The traffic guide covers how traffic court works and possible options.
The expungement guide is listed here for record questions.
What this means for you: Use the guide for your issue, then confirm the current rule with the court or agency.
Read next
Tenant Rights: Security Deposits, Habitability and Eviction: what renters can check before a dispute grows.
Whatever the problem, you may need help paying for it. The last chapter covers free and lower-cost options.
Step 8: Find help you can afford
For more on free legal aid, see the free legal aid guide, the Legal Services Corporation website and LawHelp.org.
Before you hire anyone, check their license. The license check guide explains how to search the state licensing agency for current status and any disciplinary history.
What this means for you: Ask more than one source for help, and compare what each one can do for your specific paper.
Read next
Finding Free or Lower-Cost Legal Help: Eligibility, Intake, and Referral Questions: what to ask at intake and how referrals work.
Your next step
- Write down the court or agency name and every date on the paper.
- Save the paper, its envelope and any proof of delivery.
- Pick the chapter above that matches your problem.
- Check the court’s own website for the current form and filing rule.
- Ask a free help source or a licensed lawyer before you hire anyone.
Every guide on this topic
Deadlines and choosing help
- Court Paper Deadline: finding the right rule quickly.
- Legal Deadline Organizer: recording dates, notices and proof.
- Verify a Court Form: confirming the current form and rule.
- Legal Source Map: statute, regulation, rule or guidance.
- Do I Need a Lawyer?: cost, timing and first steps.
- Free or Lower-Cost Legal Help: eligibility, intake and referral.
- Find Free Legal Aid: directories and pro bono programs.
- Check a Lawyer’s License: status and disciplinary record.
Family cases
- Divorce Basics: no-fault, contested and mediated routes.
- Child Custody and Visitation: legal standards and how courts decide.
- Child Custody Modifications: when courts allow changes.
- Restraining and Protective Orders: how to file and types.
- Restraining Orders Enforcement: types and enforcement.
Estates and powers of attorney
- Estate Planning Basics: wills, trusts and no plan.
- Wills and Estate Planning: what happens without a will.
- Power of Attorney: types, requirements and choosing an agent.
- Advance Directives: what they cover and how to set them up.
- Probate Process: what happens to an estate and timelines.
- Probate Alternatives: timelines and ways to avoid probate.
Older adults
- Guardianship and Conservatorship: the process and less restrictive options.
- Guardianship Alternatives: options to weigh first.
Money, debts and small claims
- Small Claims Without a Lawyer: when you may not need one.
- Small Claims Filing Limits: process and what to bring.
- Small Claims Records and Deadlines: local rules and preparation.
- Debt Collection Protections: cease-and-desist letters and time limits.
- What Collectors Cannot Do: collector rules.
- Medical Debt Rights: charity care and billing disputes.
- Wage Garnishment Limits: exempt income and challenges.
- Find Unclaimed Money: a free search guide.
- Requesting a Refund: what to say.
Housing, traffic and records
- Tenant Rights: deposits, habitability and eviction.
- Landlord Retaliation: protections and documentation.
- Traffic Court: how it works and your options.
- Criminal Record Expungement: eligibility and state variation.
LegalHelpOnline.org is a publication. These guides are for education and do not replace advice from a qualified professional.
By LegalHelpOnline.org Legal Research & Editorial Team