What forms do i need so that I can stipulate in my Will who takes my minor child if I die?

UPDATED: Oct 1, 2022

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What forms do i need so that I can stipulate in my Will who takes my minor child if I die?

I am 60 years old. I adopted my grandson when he was 3 years old; he is now 5. How do I go about making sure that if were to die he would be raised by the people I want? My ex-husband, who I get along with, says that if I were to die he will take him in court if he has to. While we get along fine, that is not the life I want for my grandson. My ex-husband is his biological grandfather but has serious health issues, etc. I have found temporary guardianship forms online for Wills but that appears to be mostly a 6 month duration form. What type form do I need? The people I have chosen are good friends and my grandson loves them. They love him, could provide for him, are stable and were foster parents for many years.

Asked on June 28, 2018 under Estate Planning, Idaho


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

In a will, you can designate a legal guardian for a minor child; you can also make financial provisions for them (e.g. have any money or other assets flow into a "testament trust"--a trust created only at/on your death--with a trustee whom you designate, which trustee will follow any instructions set down in the will for the use of the money to support your child). Any attorney who does wills can draft this willl for you, make sure its provisions 100% suit your needs, then make sure it is properly signed and witnessed so as to take effect.

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