Detailed Answer

Short answer: In Nevada, a valid prenuptial agreement can change who owns property or who takes when someone dies, and that can reduce or eliminate a beneficiary’s expected life estate or inheritance. If an executor refuses to provide a relevant prenuptial agreement or other estate documents, you have several steps you can take — from demanding the document to asking the probate court to compel production or to review the executor’s actions.

How prenups work in Nevada (basic rules)

Nevada enforces premarital (prenuptial) agreements under the Uniform Premarital Agreement Act. A valid prenup can:

• Define which spouse owns what property during the marriage (separate vs. community property).
• Specify how property will be distributed on death, including waiving spousal rights to inherit, or agreeing that certain property will pass to certain people.
• Override some default rules that would otherwise apply when a person dies without instructions.

See Nevada’s law on premarital agreements here: NRS Chapter 123A (Uniform Premarital Agreement Act).

Can a prenup affect a life estate or your share?

Yes. Whether and how a prenup affects a life estate or your share depends on several facts, including:

• What the prenup actually says. If the agreement disposes of certain property (for example, grants the surviving spouse ownership or requires that property pass to the spouse), that will generally control over later testamentary language to the contrary.
• Whether the property at issue was owned by the spouse, by your mother individually (separate property), or as community property.
• Whether the life-estate interest was created by deed, by will, by trust, or by some other legal instrument, and when that instrument was created relative to the prenup.
• Whether the prenup was signed, voluntary, and legally enforceable. Prenups can be set aside if they were procured by fraud, duress, lack of disclosure, or if they are unconscionable in ways the statute and case law permit a court to void parts or all of the agreement.

Examples (hypothetical):

• If the prenup states that certain real property will remain the spouse’s separate property and pass to the spouse at death, a later will that creates a life estate for you in that same property may not be effective — the prenup controls if it validly disposes of that asset.
• If the prenup waived the surviving spouse’s right to an elective share or other statutory spousal protections, that could reduce the surviving spouse’s claim and increase what passes to other beneficiaries — but Nevada law sets rules about what can and cannot be waived in a prenup (and courts may refuse to enforce an unconscionable waiver).
• If the life estate was created by a recorded deed executed before the prenup, the deed’s terms and the timing matter; a court will look at what each document actually accomplished.

Executor duties and your right to information

The person appointed to administer an estate (the executor or personal representative) has legal duties to beneficiaries and interested persons. Those duties commonly include identifying and gathering estate assets, paying debts and taxes, and providing accountings and required notices. If a prenuptial agreement affects title or distribution, it is often directly relevant to estate administration.

If you are an heir, devisee, or other interested person, you generally have a right to certain information about the estate and the estate administration. That typically includes copies of the will and accountings and may include other documents the executor relied on.

What to do if the executor refuses to provide the prenup or relevant documents

Follow these practical steps in order:

1. Ask in writing. Send a clear, dated, written request to the executor asking for a copy of the prenup and any documents the executor is relying on (will, trust, deeds, accountings). Keep proof you sent the request (email, certified mail receipt).
2. Check public records. Deeds, some trusts, and some probate filings are recorded or filed with the county recorder or clerk. Search the county recorder’s office for deeds or life-estate instruments, and check the probate court docket to see if a probate has been opened and what documents were filed.
3. Review probate notices. If a probate case is open, the court file and docket entries are usually accessible; the executor normally must file certain documents and notices. Contact the probate court clerk to learn how to obtain copies or to inspect the file.
4. Demand an accounting. If the case is in probate, beneficiaries can usually demand an accounting. If the executor refuses, a beneficiary can petition the probate court to compel an accounting.
5. Petition the probate court to compel production. If informal demands don’t work, you can file a petition (often called a petition to compel discovery or production, or a petition for accounting) asking the court to order the executor to provide the prenup and other documents. The court can order production and sanction an executor who fails to comply.
6. Challenge the executor’s conduct. If the executor is breaching fiduciary duties (concealing documents, failing to locate assets, self-dealing), you can ask the court to remove or replace the executor or to hold the executor accountable. You can also ask the court to interpret whether the prenup is valid and how it affects the estate.
7. Consider subpoena and discovery in litigation. If you bring an action (for example, a petition to determine the validity of the prenup or to contest the will), you can use court discovery rules and subpoenas to obtain the prenup and supporting records.
8. Get a lawyer experienced in Nevada probate and family/estate law. A lawyer can draft required motions, represent you in court, and help you meet filing deadlines or statutes of limitation for contesting agreements or wills.

Timing and practical considerations

• Time matters. Probate and estate challenge deadlines can be short. If you wait, you may lose rights to contest.
• Proof matters. Keep records of communications, obtain copies of recorded deeds, and gather any evidence related to the prenup’s signing (witnesses, counsel lists, financial disclosures).
• Privacy and confidentiality. Prenups are private contracts. An executor may argue a prenup is private, but if it affects estate administration the probate court can order disclosure to interested parties.

Where to look for legal authority and help

Start with Nevada’s statutes and with the probate court where your mother’s estate is or would be administered. Nevada’s Uniform Premarital Agreement Act is at: NRS Chapter 123A. For probate and executor duties, consult the Nevada Revised Statutes chapters on probate (available through the Nevada Legislature site at https://www.leg.state.nv.us/NRS/), and contact the probate clerk in the county where your mother lived to check filings and deadlines.

Helpful Hints

• Ask for documents in writing and keep copies of everything you send or receive.
• Check the county recorder for recorded deeds and life-estate deeds — these are often public and can show whether a life estate was actually created.
• If the executor claims a document is irrelevant or private, remind them (in writing) that interested persons are entitled to relevant estate information and that you will seek court intervention if necessary.
• Act quickly. Probate rules and contest deadlines can be strict. If you think an important asset or right is at risk, consult a probate attorney promptly.
• Gather evidence about the prenup’s creation: who signed, whether attorneys were involved, and whether full financial disclosure occurred — these facts matter if you later challenge enforceability.
• Consider mediation before litigation. If relationships allow, a mediated resolution can be faster and less costly than a court fight.
• Ask the probate clerk for pro se resources if you cannot afford a lawyer immediately; many courts provide forms and clerk assistance about how to request an accounting or file a petition.

Next steps

If you don’t already have it, make a written request for the prenup and related estate documents and check the county recorder for public filings. If the executor refuses, consult the probate court clerk for filing requirements and consider contacting a Nevada estate/probate attorney to evaluate whether you should file a petition to compel production or challenge an executor’s conduct.

Important disclaimer

This article is educational only and does not give legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Nevada attorney who handles probate and estate or family law matters.