The answer is that it would be wise to make a Prenuptial Agreement AND a Will to ensure that the property is disposed of as he wishes.
A Prenuptial Agreement protects both parties in the case of a divorce. It can outline how the parties want their property to be divided in the case of a divorce. Moreover, in cases of a second marriage, a Prenuptial Agreement can protect the child of the first marriage by ensuring that in the event of a divorce, certain property reverts to the husband/wife in the case of a divorce.
A Prenuptial Agreement will DEFINITELY ensure that your fiance's property will be considered as his separate property in the case of a divorce. However, not only is a Prenuptial Agreement advisable to protect your fiance's interests, it is also important to protect his child's interest as well. For example, if you do not have a Prenuptial Agreement and you divorce, it is possible that you could be awarded a portion of the property even though Alaska is NOT a community property state. In that case, your fiance's daughter may lose a portion of the property that he intended to go to her via an inheritance.
A Prenuptial Agreement is also important to protect other property. It may also protect any real property that you/your fiance have, and any investments, bank accounts, retirement accounts, etc. that you each are bringing to the marriage.
It is HIGHLY ADVISABLE that you speak to an attorney regarding the drafting of a Prenuptial Agreement. Often there are many nuances that a lay person may or may not include in a Prenuptial Agreement that can be the subject of contention by one or both parties in the case of a divorce. One of you may wish to have an attorney draft a Prenuptial Agreement. The other of you should then take it to a different attorney for his/her review. That attorney should make sure that the Prenuptial Agreement has been drafted in such a way that you/he understand EXACTLY how the property will be divided in the case of a divorce.
The Alaska has listed three criteria to be used in judging the fairness of a given prenuptial agreement in the case of a divorce:
1. Was the agreement obtained through fraud, duress or mistake, or misrepresentation or nondisclosure of material fact?
2. Was the agreement unconscionable when executed?
3. Have the facts and circumstances changed since the agreement was executed, so as to make its enforcement unfair and unreasonable?
If none of the above factors are present, prenuptial agreements are generally upheld.
Otherwise, the Prenuptial Agreement may be struck down (not enforced) in the event of a divorce. That would make one or both of you VERY angry should a divorce occur. Even if you decide to draft a Prenuptial Agreement, you should BOTH seek SEPARATE attorneys to review the agreement prior to having the Agreement executed.
A Prenuptial Agreement is also advisable because in the case of a divorce, Alaska is an "equitable distribution" state. And, equitable DOES NOT necessarily mean one-half.
Below is a link to a site that explains "equitable distribution" in Alaska and how it is determined.
The more "dicey" part of your question involves the creation of a Will so that the property is passed along as your fiance wishes. These are some of the things to think about:
1. What if your fiance dies BEFORE he gets a chance to make a Will?
How will the property be divided?
2. Your fiance can ALWAYS change his Will. What does that mean to you?
3. What if your fiance dies and you were in the midst of a divorce? What does that mean to you?
4. How does your fiance best protect his daughter?
Below is a link to a VERY abbreviated summary of the probate laws in Alaska. As you will see, the questions above become very important.
These are questions not easily answered in this type of forum. However, you may wish to contact an attorney who specializes in probate law to discuss the special circumstances of your situation. Then your husband can evaluate his options and decide how to proceed.
To re-cap, it may be very wise to have a Prenuptial Agreement AND create an estate plan the day after (or as soon as practicable) you are married. I am NOT trying to be glib. But, anything can happen. Hopefully, it never will. But, there are accidents, illnesses, crime, etc. that can happen at ANY time. Therefore, both you and your fiance need to create estate plans right after your marriage.
It sounds like you and your fiance want to be prepared as you enter into your marriage. That is VERY important. Having a prenuptial agreement and an estate plan just makes good sense.
I wish you and your fiance a long and happy life together. But, in the event that something happens, you will be VERY happy that you have prepared a Prenuptial Agreement and an Estate Plan.
I hope you find this information useful.
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***Answers given are for informational purposes only and are not meant to replace the advice or assistance of an attorney licensed to practice law in your state. If you need any more information, please do not hesitate to ask. Thank you!