![]() You could nominate a trusted family friend or relative who has money management experience, a bank, or a trust company as trustee. The trustee, named in a trust document, has the responsibility of writing out the checks for the children’s living expenses, education, and other costs. That age could be well in excess of the age of majority, which is currently 18 in Montana. One advantage of a trust is that it can terminate at any age you indicate in the trust document. A trust document states how you wish the money to be spent, who should be the trustee, and when the trust should terminate. ![]() Some parents choose to leave the money and property to the children in a trust. Montana law requires that every guardian and conservator complete an "Acknowledgement of Fiduciary Relationship and Obligations." The form is available online at the MSU Extension Office website. One person can perform both functions, or you may name one individual as the guardian and another as the conservator. Guardianship provides for the children's care until they reach maturity.Ĭonservatorship provides for management and distribution of the money and property left to children until they reach the age of maturity. Yes! In your will you may nominate a guardian for the children and conservator of the assets. One should not rely on the advice of untrained relatives or friends who are not up to date on Montana laws regarding wills.ĭo I need to name a guardian for children? In most cases, a lawyer can advise and assist a person in drafting a will that best suits his or her needs and one that avoids the legal pitfalls that can result from a “do-it-yourself” will from a computer software program. Words used may not be interpreted by the district court as intended by the testator. A handwritten will, just as any other, can be denied probate because of errors. Self-made wills, however, frequently increase costs and trouble for heirs. Such a will is valid if the signature and the material provisions are in the handwriting of the testator. This type of will is called a holographic will. Yes, a person can make his or her own will, but it must be in the testator’s own handwriting.
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