How can I assign guardianship of my minor child in my will?

Full question:

looking for advice on wills, in particular about assigning guardianship of a minor child, and legal ways to protect my live in girlfriends interests in case of my death

• Category: Wills and Estates
• Date: 04/07/2025
• State: Montana

Answer:

A will allows you to leave property to anyone, regardless of family ties. To be valid, a will must be properly executed, meaning it should be signed and witnessed by a required number of competent witnesses while you have legal capacity. This means you must understand the nature of making a will, know what you own, and recognize your family or other potential beneficiaries. If you wait until you are incapacitated, it may be too late to create a valid will.

Common challenges to a will include claims that it was not properly executed, that the maker lacked mental capacity, or that it was created under fraud or undue influence. If a will is successfully contested, it may be entirely invalidated, leading to the distribution of assets as if there were no will. Only those with legal standing—typically individuals named in the will or those who should have been included—can contest a will.

A bequest in a will is generally a gift that can be revoked. However, a legally enforceable contract can exist to leave a bequest in exchange for services or value received. Certain assets, such as trusts or joint tenancy properties, may bypass probate.

You can appoint a guardian for your minor child in your will. According to Montana law (MT Stat. § 72-5-211), a parent can name a guardian for an unmarried minor. This appointment becomes effective upon the guardian's acceptance, which must be filed in the probate court if both parents are deceased or if the surviving parent is deemed incapacitated. The appointment by the parent who died last holds priority. Once accepted, the guardian must notify the minor and their closest adult relatives.

For protecting your girlfriend's interests, consider specific provisions in your will or other legal mechanisms to ensure her rights are upheld after your death. Users can search for state-specific legal templates at .