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Family Legal Issues

Learn about common family legal issues.

Đang chơi bài is the creation of a new, permanent relationship between an adoptive parent and child. Once this happens, there is no legal difference between a child who is adopted and a child who is born into a family.

Foster care is a form of “” care. Children in out-of-home care may live in relatives' homes, non-family related foster homes, treatment foster homes, or group or residential care.

How to Become an Adoptive or Foster Family

Đang chơi bàiThese programs can help you learn more about adoption and foster parenting:

  • Child Welfare Information Gateway - offers the , where you can find resources by state, as well as information about , including kinship care and residential and group care
  • - information for U.S. citizens adopting children from abroad, and families in other countries adopting U.S. children. Learn about

Emotional and Health Aspects of Adoption and Foster Care

Đang chơi bài - find links to adoption and foster care resources from a medical perspective to help you, your foster or adopted child, and your other children adapt to change

, adopted people must make arrangements through state agencies. Find out what records are available and how to get them. 

Contact a State Agency to Obtain Adoption Records

Đang chơi bàiYou may be able to get identifying or non-identifying information about your adoption. What information you can obtain will depend on state statutes. Some states have age restrictions or require court proceedings to get information about an adoptee’s birth.

Đang chơi bàiNon-identifying information includes:

  • The adoptee’s birth date and place of birth

  • The birth parents’:

    • Ages

    • Đang chơi bàiPhysical descriptions

    • Race

    • Religion

    • Medical history

    • Đang chơi bàiEducation 

    • Đang chơi bàiOccupations 

  • Đang chơi bàiSiblings’ gender, age, and other non-identifying information depending on the state

  • The reason why the child was put up for adoption

Identifying information includes:

  • Current or past names

  • Addresses

  • Đang chơi bàiEmployment history

By , you can find out which state agency to contact to get adoption records.

Access Adoption Records Through Consent

Đang chơi bàiIn some states, you may be able to access identifying information through a mutual consent registry. Using these registries, all involved in an adoption can declare what information may be disclosed. Some states may require the consent of both the birth parents and adoptive parents for the release of records. However, the release of information varies by state.

If your state does not maintain a mutual consent registry, there are other ways to obtain records through consent. Public or private agencies can locate birth parents in some states. When an agency contacts birth parents, they can find out identifying information through:  

  • Confidential Intermediary System ‐ The court gives permission to a court-certified confidential intermediary. This permission grants them access to sealed adoption records. They can also contact the birth parents to obtain consent for the release of identifying information.

  • Affidavit System - Birth parents can officially file their consent or refusal to be identified or contacted.

Use the Child Welfare Information Gateway to . 

Obtain an Original Birth Certificate

When an adoption is finalized, the state issues a new birth certificate to the adoptive parents. The adoptee’s original birth certificate is then sealed and kept confidential by the state’s vital records department. Half the states in the U.S. require a court order to unseal an original birth certificate. However, many states allow access to original birth certificates through: 

  • A request from the adult adoptee 

  • A request by the adoptee unless the birth parent filed an affidavit denying access 

  • Establishment of eligibility to obtain identifying information with the state

  • Đang chơi bàiA record of consent from both birth parents

Find out . 

Obtain International Adoption Records

When either the adoptee or the birth parents live outside the U.S., can help both search for one another. The organization offers assistance with adoption-related cases in over 120 countries.

Đang chơi bàiU.S. Citizenship and Immigration Services (USCIS) has with international adoptions. can be used to request original immigration documents. 

Get Help Collecting Child Support

Child support is the monthly amount a court orders a child’s noncustodial parent to pay the parent with primary custody. It helps pay for a child’s needs on a daily basis, from food and housing to clothing and medical needs.

Learn About Child Support

Đang chơi bàiYou can apply through your state for child support services if you have primary custody of your child and need help to:

  • Establish a child support order from court

  • Collect support payments

You will automatically get a referral for child support services if you get help from any of these programs:

How to Get Child Support

Đang chơi bàiTo get help with child support, follow these steps:

  1. Đang chơi bàiContact your .

  2. you’ll need to present with your application.

  3. Complete an application from your state.

  4. If you can't resolve the problem through your local office, check these .

Đang chơi bàiIn most cases, the state or local government manages problems like nonpayment. If you know the location of a noncustodial parent who may be behind in their payments, reach out to .

Child Support Enforcement Abroad

For questions about child support payments from or to someone in another country, search OCSE's . There may be a state or national agreement to provide child support services with the country in question. If you need further help, .

Divorce Decrees and Certificates

Đang chơi bàiA divorce decree is an official document from the court that grants the termination of a marriage. It includes specific details of the divorce.

A divorce certificate is issued by a state vital records office. It shows that a divorce occurred but does not state all the same information as a divorce decree. You can save time and money by determining which document you need before requesting a copy.

U.S. Divorces

Get a Copy of a Divorce Decree

Contact the "county clerk's office" or "clerk of the court" for the county or city in which the divorce was granted.

Get a Copy of a Divorce Certificate

Contact the  in which the divorce was granted.

Overseas Divorces

If the divorce occurred in another country and you're in the U.S., contact that country's They can tell you how to get a copy of the divorce decree.

Đang chơi bàiUnited States law does not require U.S. citizens to register a foreign divorce decree at an embassy. But if the country in which your divorce took place is a signatory to the , you may bring your divorce decree to a to have it certified.

Đang chơi bài .  Find out  to get a new card and how to change your name in their files.  

Tax Information Name Change

Đang chơi bàiThe Internal Revenue Service (IRS) takes name changes from the Social Security Administration and explains why it's important to  for you or your dependents before you file your next tax return. 

U.S. Passport Name Change

Đang chơi bàiIf you have a U.S. passport, as soon as possible to get an updated passport. 

Certificate of Naturalization Name Change

If you have a certificate of naturalization or of citizenship issued by U.S. Citizenship and Immigration Services, file an to have a replacement issued.  

Driver’s License or State-Issued ID Name Change

Notify your state's motor vehicles department to update your driver’s license or state-issued ID.

Postal Service Name Change

Đang chơi bàiReport your name change to the that delivers your mail.  

For Federal Employees: Name Change

If you are a federal government employee, report your name change to your agency's office of human resources.  If you're an annuitant receiving pay from a federal agency, you should report the name change to that agency.  

Consider where else your name is on file.  Examples include other state government offices, local government offices, banks or other financial institutions, credit card companies, and private employers.   

for your minor children or other dependents

  • Any charitable donations that you would like made

  • Đang chơi bàiHow you want your property, money, assets, and other valuables distributed after you die

  • If you do not have a will when you die, your estate will be handled in probate court. Your property could be distributed differently from what you would like.

    Guidelines for Will-Writing

    • In most states, you must be 18 or older to create a will.

    • Đang chơi bàiTo be valid, a will must be written when you are of sound judgment and have adequate mental capacity.

    • The document must clearly state that it is your will. You must name an executor of your will. An executor will ensure that your estate is distributed according to your wishes.

    • It is not necessary to notarize or record your will, but doing so can safeguard any claims that it is invalid. For your will to be valid, it must be signed in the presence of at least two witnesses.

    • A financial will and testament will always supersede a last will and testament when bestowing financial assets.

    • Some states have community property laws that entitle your surviving legal spouse to keep at least half of your assets after you die. This applies no matter what percentage of your assets you leave them in your will.

    • may be subject to other laws.

    It may help to get legal advice when writing a will. There are many rules that legal advice may help with, particularly involving:

    • Đang chơi bàiWill execution

    • Đang chơi bàiEstate disposition

    • Đang chơi bàiGuardianship

    • Trusts

    • Beneficiaries

    • Đang chơi bàiThe inheritance process in your state

    Choose an Executor for Your Will

    An executor is the person who is responsible for settling the estate after your death. In most states, any person over the age of 18 who has not been convicted of a felony can be named executor of a will. Fees for the execution of a will vary according to its complexity.

    Đang chơi bàiDuties of an executor include:

    • Taking inventory of property and belongings

    • Đang chơi bàiAppraising and distributing assets

    • Đang chơi bàiPaying taxes

    • Settling debts owed by the deceased

    Đang chơi bàiMost importantly, the executor is legally obligated to act in the interests of the deceased, following the wishes stated in the will. It can be helpful to consult an attorney to help with the probate process or offer legal guidance.

    Beneficiaries and Inheritance in Your Will

    Đang chơi bàiAs you write your will, you need to decide who your beneficiaries will be. These are the people or organizations that you want to inherit your money, property, assets, and other valuables.

    Primary beneficiaries are your first choice to receive your assets. You should also consider choosing secondary or contingent beneficiaries. A primary beneficiary may die before you or may not meet a condition such as age for inheritance. In that case, the secondary beneficiary will receive your assets.

    is a legal form that can be used to choose a person you trust to make decisions for you when you can’t. The two most common types of power of attorney documents are for health care and for financial decisions.

    Health Care or Medical Power of Attorney

    Depending on where you live, this might also be called a

    • Đang chơi bàiA medical power of attorney or medical advanced directive allows you to both specify your wishes for treatment and appoint a trusted person to make decisions about your medical care when you are unable to do so.

    • Đang chơi bàiA living will is not the same as a medical power of attorney. A living will spells out your wishes for life-extending and emergency medical treatments for medical professionals. They must follow this directive and cannot make decisions for you.

    • Đang chơi bài and find a from Medicare.

    What documentation do I need?

    You will need a form that you can get from your state health department or . This legal document will indicate who is allowed to make medical decisions for you if you cannot.

    When is this document required?

    You’ll choose someone to make medical decisions for you as part of your advance health care planning. You may also choose to set up a medical power of attorney if you are:

    • Chronically or terminally ill

    • Likely to become unable to make your own decisions, as in Alzheimer's care 

    • Expecting a major surgery or giving birth

    • Đang chơi bàiUndergoing any medical procedure that will leave you incapacitated

    • Concerned about your mental or .

    Depending on your state, your spouse may be able to make decisions for you if you do not have a health care power of attorney, proxy, or advance directive. The custodial parent makes decisions for minor children unless an advanced directive or custody agreement says otherwise.  

    Do I need a lawyer?

    You are not required to have a lawyer and can complete all of your paperwork on your own. A lawyer will have expertise in doing this more quickly and helping you make the right choices. Some states require this form to be .

    Can I revoke or change it?

    Đang chơi bàiYou can change your advance directive as long as you are considered to be of sound mind.

    What is the role of the individual I’ve chosen?

    The individual you’ve chosen will be able to for you if you can’t make them because of illness or injury. Make sure they understand and agree to follow your wishes. Their decisions for you may include:

    • The use of dialysis

    • Đang chơi bàiUsing artificial breathing machines (ventilators)

    • Using artificial nutrition (tube feeding) or artificial hydration (intravenous fluids)

    • Mental crisis treatment such as hospitalization, medications, therapy, and emergency interventions

    • Đang chơi bàiThe use of CPR (cardiopulmonary resuscitation) and other extreme measures

    • End of life

    • Đang chơi bàiEnd-of-life spiritual or religious care

    • Organ or tissue donation

    How is this handled internationally?

    Contact the for assistance with international advanced directive or power of attorney concerns.

    Financial Power of Attorney

    What documentation do I need?

    You will need to complete a power of attorney form, available from a lawyer or a legal aid office. You can choose how much power to give this person and which of your affairs they can settle.

    When is this document required?

    Đang chơi bàiYou may want to choose someone who can make financial and legal decisions for you and your property when you are unable to due to travel or illness. and capable of handling your affairs. Some reasons you may want to choose a person to act for you include:

    • Working outside of the U.S.

    • Going to an overseas post in

    • Traveling outside the U.S. for an extended period of time

    • Đang chơi bàiPlanning for future illness or injury

    • Đang chơi bàiChronic or terminal illness

    • Inability to guarantee your future mental capacity, as with Alzheimer's disease

    • Đang chơi bàiUndergoing a major medical procedure that will leave you incapacitated

    Do I need a lawyer?

    You are not required to have a lawyer, but setting up power of attorney can be a complex process. A lawyer will have expertise in doing this more quickly, explaining the requirements, and explaining your choices so you can be sure your power of attorney is set up exactly the way that you want.

    Some states will require your form to be reviewed by a lawyer or .

    Can I revoke or change it?

    Đang chơi bàiYou can revoke or change the terms of a power of attorney document at any time as long as you are of sound mind. Review your power of attorney documents regularly to be sure they’re up-to-date.

    What is the role of the individual I’ve chosen?

    The person named in a power of attorney to act on your behalf is commonly referred to as your "agent." Your power of attorney document may give this person the ability to:

    • Make financial decisions on your behalf

    • Đang chơi bàiWrite checks or withdraw money from your account

    • Open lines of credit on your behalf

    • Sell or transfer your property and possessions

    • Settle your debts or enter into new debts on your behalf

    • Go to court or make legal decisions on your behalf

    • Đang chơi bàiMake gifts of money, property, or valuables on your behalf

    • Đang chơi bàiFile your tax returns

    In most states, you can specify exactly what your agent can and cannot do while acting on your behalf. Your agent may need the notarized, signed official document present to act on your behalf in financial and legal matters.

    How is this handled internationally?

    Đang chơi bàiContact the for assistance with international power of attorney concerns. Your documents may require .


    A trust (or trust fund) is a legal entity that allows a person (the grantor, donor, or settlor) to transfer assets to another person or organization (the trustee). Once the grantor establishes the trust, the trustee controls and manages the assets for the grantor or for another beneficiary—someone who will ultimately benefit from the trust. To help you decide if a trust is right for you, first consult a licensed attorney experienced with estate planning and trust matters. 

    Reasons to Set Up a Trust

    Some common reasons for setting up a trust include:

    • Providing for minor children or family members who are inexperienced or unable to handle financial matters
    • Arranging for management of personal assets, if you become unable to handle them yourself
    • Avoiding probate and immediately transferring assets to beneficiaries upon death
    • Reducing estate taxes and providing liquid assets to help pay for them
    • The terms of a will are public while the terms of a trust are not, so privacy makes a trust an appealing option.

    Types of Trusts

    Đang chơi bàiTrusts can be living (inter vivos) or after-death (testamentary). A living trust is one that a grantor sets up while still alive and an after-death trust is usually established by a will after one’s death. Living trusts can be irrevocable (can’t be changed) or revocable (can be changed), although revocable trusts don’t get the same tax shelter benefits as irrevocable ones do. 

    Đang chơi bàiThe most common type of trust is the revocable living trust. If there’s a specific purpose in mind for the trust, dozens of different options exist (charitable trusts, bypass trusts, spendthrift trusts, and life insurance trusts). Two types of trusts can help pay for long-term care services:

    • Charitable Remainder Trusts - This trust allows you to use your own assets to pay for long-term care services while contributing to a charity of your choice and reducing your tax burden at the same time. You can set up the trust so that you receive payments from the trust to pay for long-term care services while you are alive.
    • Medicaid Disability Trusts - These trusts are limited to persons with disabilities who are under age 65 and qualify for public benefits. Parents, grandparents, and legal guardians often set up these trusts to benefit people with disabilities and a non-profit organization manages the assets. This is the only kind of trust that is exempt from rules regarding trusts and Medicaid eligibility.

    Trust Scams and Fraud

    If someone approaches you to set up a trust, be careful. Before signing any papers to create a living trust, will, or other kind of trust, make sure to explore all options and shop around to compare services. Some other tips to avoid trust scams and fraud include:

    • Avoid high-pressure sales tactics and high-speed sales pitches.
    • Stay away from salespeople who give the impression that specific organizations and recognized brands back or sell the trust.
    • Research and get information about local probate laws from the Clerk or Register of Wills.
    • If someone tries to sell a living trust to you, ask if they are an attorney. Some states restrict the sale of living trusts to licensed attorneys.
    • If you buy a trust in your home or in another location that is not the seller's permanent place of business, remember you have the right to take advantage of the Cooling Off Rule and cancel the transaction within three business days.

    How to Close Accounts and Cancel Benefits After Someone Dies

    After someone's death, it's important to contact government agencies, companies, and organizations to let them know to cancel or transfer accounts. This can also protect the person's estate from financial loss and identity theft.

    Each agency or company may ask you for different information. You’ll need the person’s Social Security number and a photocopy or a certified copy of the death certificate to close or transfer accounts.

    As you’re making arrangements with the funeral director, consider ordering multiple certified copies of the death certificate. The cost varies by state. You’ll typically need certified copies for canceling or transferring:

    • Government benefits and identification
    • Credit cards and bank or investment accounts
    • Real estate or vehicles

    Utilities and other companies may just need a photocopy. In most cases, the funeral home provides this service only to immediate family members and the executor of the estate. If you need more certified copies later, contact your county or city.

    Contacting Government Programs and Agencies

    • Social Security and Medicare - When you’re making final arrangements for your loved one, you can give their Social Security number to the funeral director. They will submit the information to the Social Security Administration (SSA). This step stops future benefit payments. You’ll need to return any SSA payments that arrive after the person’s death. Mail the check back or contact the bank if the payment is by direct deposit. You can also contact SSA to find out about any survivor benefits.
    • - If the person died before filing their individual income tax return due in April, someone will have to do it for them. You may also need to file a final tax return for the year of their death in the next tax season. .
    •   - To avoid identity theft, you can mail the person’s passport to the State Department along with a letter asking them to cancel it. Include a certified copy of the death certificate and let them know if you want the canceled passport sent back to you as a keepsake or destroyed.
    • Motor vehicles office - Contact the state motor vehicles office to cancel their records, return disabled parking placards, and find out about returning their license or ID card. If the person had a vehicle, ask about transferring the title to the appropriate person.
    • Social services and benefits programs - If the person was receiving SNAP (food stamps), TANF (welfare), or rental assistance, contact the state social services office to cancel benefit payments.
    • Property tax records - If the person owned a home, check with the town, city, or county tax office about the deed and any property taxes that are due.
    • Veterans benefits - In addition to contacting the VA about burial benefits and asking about survivor benefits, notify these other VA departments if the person was
    • Board of Elections - Contact the local BOE where the person lived to remove the person's name from the voter registration list to avoid voter fraud.

    Contacting Financial Institutions

    • Credit reporting agencies - Send a letter with a certified copy of the death certificate to one of the three big credit reporting agencies. They will share the information with the other two agencies. Include the person’s name, address, and Social Security number and your name and contact information. Six to eight weeks after the funeral, ask for a credit report for the person to check for possible identity theft.
    • - Check the person's bank for a signature card to find out who can access the account. Find out about checking and savings accounts, loans, bank credit cards, investments, and whether there is a safety deposit box. Also, check for any direct deposits. You may have to wait until after the estate is settled and all outstanding bills have been paid to close the account.
    • - Review the bank statement and credit cards for any autopay accounts. These could include mortgage, home equity loan, utilities, memberships, or student loans. You may need to call each company to cancel. Also, if you wait to stop any future auto payments, it may be difficult to get reimbursed for payments that went out after the person died.
    • Credit cards - If you are a spouse, the cards may be joint accounts. Call the companies and let them know that one of the card holders has died. Otherwise, cancel all cards to stop anyone from using them in the future, and to stop any accumulating interest or recurring payments.
    • Life insurance - If the person was still employed, there may be a policy through work. Contact the human resource department to help you. Also ask about canceling other types of insurance the person may have had through work such as health, dental, or vision.  
    • - A bank or lender may foreclose on the home if payments don’t continue. Contact the lender right away to let them know about the death, find out how to continue payments, and how to transfer the mortgage to an heir.
    • Pensions - Check for private and government plans at current or former workplaces. Also, contact investment or financial advisors.
    • Other Insurance Policies - There may be other plans such as pet or renter’s insurance. Check the cancellation clause and the bank statement for any auto payments.
    • - Medicare Part D is the prescription plan that people sign up for separately. Check to see if SSA canceled the plan. Also, check with the drug store to stop any automatic refills. This prevents someone from fraudulently picking up any medications.

    of a person who has died. Find out who is obligated to pay and what to do if debt collectors call.

    Contacting Utilities and Communications Providers

    • - Contact the local post office to redirect the person’s mail. This prevents an overflowing mailbox that would tip off thieves to an empty home. It also prevents identity thieves from stealing mail offering new credit cards.
    • Home utilities - If you are the spouse, call to transfer the account to your name. If you are selling the person’s home, you may want to keep gas, heating oil, or electric on during the process. Check the bank statement for auto payments you may have to cancel or transfer.
    • Cable/internet and cell/home phone - Depending on the provider, payments may be bundled into one bill. Call the provider to cancel or transfer the contract. You will need the person’s phone number and Social Security number.
    • Mobile apps - App subscriptions are usually paid by credit card. Contact customer support for the mobile device’s operating system app store. You may need the person’s email, password, and a certified copy of the death certificate.

    Canceling Subscriptions and Memberships

    Đang chơi bàiLook in the person’s wallet for any membership cards. Check their mail for renewals, and bank or credit card statements for recurring payments. In some cases, these organizations have the person’s credit card number. Canceling the account can help avoid any fraudulent use. You may or may not need a copy of the death certificate to cancel.

    • Magazines and newspapers - Call customer service to cancel online service or stop home delivery.
    • Entertainment accounts - Check for online movie, sports, music, or gaming subscriptions.
    • Auto club or roadside assistance - Check inside the vehicle for any paperwork.
    • Warehouse clubs, buying services, meal kits, health clubs, airline or hotel memberships, monthly subscription boxes, or dating website memberships - If it’s a national company, call customer service. For internet club accounts, you may need the password to end the membership online.
    • Affinity groups including organizations for seniors, veterans, or local business owners - In some cases, these groups may want to plan a future memorial service.
    • Religious organization/house of worship - Check for any monthly offering or commitment payments from the checking account or credit card.
    • Charities - Check for any monthly or annual donation payments from the checking account or credit card.
    • Union dues - Labor organization dues are typically paid by payroll deduction. Speak to the HR department of the employer and ask who contacts the union.
    • Unclaimed money - There may be money from a forgotten credit union account or unknown insurance policy. Contact the companies to prevent fraud.

    Đang chơi bàiShred the person’s old credit or membership cards once you get a notification that the accounts were canceled.

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    Last Updated: July 8, 2020