My fiance has a child with her ex-husband. If she passes away during our marriage (child under 18), can her ex-husband claim a portion of her estate?

If you have a Prenuptial Contract you can absolutely control this answer and still do estate planning to benefit your fiancé, while not exposing your and her estate to claims by her ex-husband. The ex-husband can only make a claim for himself on your fiancé's estate if he is entitled to do so under their divorce decree. However, there is the issue of their child. If he is guardian of the child, the ex-husband can make a claim on behalf of the child. This is because a child has a right to inherit a portion of his or her mother's estate, unless she specifically disinherits the child. As guardian of the child, your fiancé's ex-husband would have the right to come into court and claim the child's share. The court is likely to rule in favor of the child. Still, depending on the circumstances of the divorce, the court may see fit to order the child's share be placed in Trust and managed by a Trustee or perhaps by Co-Trustees, if the parents share guardianship. It would be wise to visit a Tennessee Estate Planning attorney about options available for you and your fiancé, including a Prenuptial Contract, so that your separate and joint assets are protected and there is no confusion about your final wishes should one of you pass away. To your success,Gale Allison, Principal AttorneyThe Allison Firm, PLLChttp://www.theallisonfirm.com