Can a prenuptial agreement affect a life estate or my share of my mother’s estate in Ohio, and what can I do if the executor refuses to provide it?

Brief answer

Yes — in Ohio a valid prenuptial (premarital) agreement can change what a surviving spouse may claim from a deceased spouse’s estate, and that can indirectly change what remainder beneficiaries (for example, you) receive after a life estate ends. If the executor of your mother’s estate refuses to produce a prenuptial agreement, you have several ways to demand production through the probate court, starting with a written request and, if necessary, a court motion to compel or other probate remedies.

How prenups usually operate under Ohio law

Prenuptial agreements are written contracts made before marriage that set out rights to property and financial matters if the marriage ends by divorce or death. Ohio enforces premarital agreements as contracts if they were validly formed — typically meaning they were in writing and voluntarily signed by both parties. A premarital agreement can include waivers of spousal rights (for example, a waiver of an elective share or other claims against the decedent’s probate estate), provided the waiver was enforceable when made.

For Ohio’s official codified laws, including probate and related topics, see the Ohio Revised Code at the state website: https://codes.ohio.gov/. For general probate guidance and local probate court contacts see the Ohio judicial system site: https://www.ohiojudiciary.gov/.

How a prenup can affect a life estate and your remainder share

• Life estate basics: A life estate gives someone (often a surviving spouse) the right to use property for life. After that person dies, the property passes to the remainder beneficiary (for example, a child or children).
• Prenuptial waivers of spousal rights: A prenup can expressly waive spousal rights in some property, including rights that would otherwise attach to the probate estate. If a prenup validly waived the surviving spouse’s right to claim against the estate, the spouse may not be able to challenge transfers made by the decedent or claim an elective share in that property.
• Effect on a life estate created by will or deed: If your mother created a life estate in her will or deed to benefit her spouse and the spouse accepted that life estate, the prenup’s terms could affect what happens to other property that might otherwise be available for distribution. For example, if the prenup waived the spouse’s right to certain estate property, more assets may remain for remainder beneficiaries when the life estate terminates.
• Limitations: Not everything can be lawfully waived. In some situations, state law provides minimum allowances or homestead rights for a surviving spouse that cannot be waived depending on timing, disclosure, or fairness. Whether a particular waiver is enforceable depends on the facts: how the prenup was signed (voluntarily), whether there was full disclosure, and whether enforcement would be unconscionable.
• Non-probate assets and jointly held property: Prenups can address classification of property, but they do not automatically change how non-probate assets (joint bank accounts, payable-on-death designations, jointly titled real estate with survivorship) pass on death unless those designations were made consistent with the prenup. A life estate carved by deed is a real property instrument and will be honored unless successfully challenged.

Common scenarios and outcomes

• If the prenup expressly waived a surviving spouse’s right to take an elective share of the decedent’s probate estate and the waiver is enforceable, the spouse cannot later claim that elective share — which can leave more for remainder beneficiaries.
• If the prenup is invalid (for example, it was signed under duress, without required disclosure, or is unconscionable when enforced), a spouse may successfully challenge it and assert statutory spousal rights, which could reduce what remainder beneficiaries receive.
• If a life estate was previously granted to the spouse (by deed or will) and the spouse accepted it, a prenup typically won’t retroactively cancel that already-accepted property interest unless the prenup specifically addressed the same property and is enforceable.

What to do when the executor refuses to provide the prenup

Executors (personal representatives) have duties to administer the estate openly and in good faith. If an executor refuses to provide a prenuptial agreement or refuses to disclose estate-related documents, you can take these steps:

1. Make a written request: Send a clear written request to the executor asking for a copy of the prenup (and other relevant estate documents). Keep a copy and proof of delivery (certified mail or email receipt).
2. Contact the probate court clerk: Ask the clerk of the probate court where the estate is opened whether the estate file already contains the agreement. The file is often public for interested parties and contains the will, inventory, and other filings.
3. Request an accounting and production of documents: As an interested person (beneficiary or potential remainder beneficiary), you generally have the right to request an inventory, appraisement, and account. If the executor refuses, you may file a written motion asking the probate court to compel production and to order the executor to account.
4. File a motion to compel or for other relief: In the probate court you can ask a judge to order the executor to produce the prenup and other estate records. The court can enforce document production, order an accounting, sanction the executor, or, in serious cases, remove the executor for breach of fiduciary duty.
5. Seek temporary relief: If immediate action is needed (for example, to preserve assets), you can ask the court for temporary orders or other emergency relief while the matter is pending.
6. Consider limited discovery: If the probate matter or a contest is filed, the court may permit discovery (depositions, document requests) to find and examine the prenup and supporting evidence.
7. Talk to an attorney experienced in Ohio probate and estate litigation: If the executor continues to refuse, a probate attorney can prepare and file pleadings, represent you at hearings, and advise whether a contract challenge (to the prenup) or a claim against the executor is appropriate.

Practical tips and timelines

• Document every request and interaction in writing.
• Act quickly. Probate deadlines and statutes of limitation can bar claims if delayed. (If you are unsure about timing, consult a probate attorney promptly.)
• If possible, obtain a copy of the decedent’s will, the inventory filed by the executor, and the letters of authority issued by the probate court. Those documents help identify who is an interested party and what assets exist.
• If the prenup was created in another state or long ago, proving its validity may require witness testimony, originals, or notarial evidence.

When you should consider hiring a lawyer

Consider retained counsel if:

• The executor refuses repeated, documented requests for the agreement or other estate records.
• You suspect the prenup is invalid or was executed improperly.
• Large assets, real estate, or complex ownership structures are involved.
• You need help filing motions, preserving claims, or negotiating a settlement.

Relevant Ohio resources

• Ohio Revised Code (search for probate, decedents’ estates, and premarital agreements): https://codes.ohio.gov/
• Ohio Judicial System (probate court information and local court contacts): https://www.ohiojudiciary.gov/
• Local probate court clerk — contact through your county court of common pleas (probate division) for docketed estate papers.

Helpful Hints

• Request documents in writing and keep proof of delivery.
• Get a copy of the probate case docket from the county probate court — many estate filings are public.
• Ask the executor for the “letters testamentary” or “letters of authority” that authorize them to administer the estate; those documents identify the executor’s duties and may be on the probate docket.
• If you are an interested person (named in the will or a potential heir), state that status when you request documents — courts are more likely to recognize your right to review the file.
• If you can, gather other evidence of the prenup’s existence: marriage files, attorney names, where the couple lived when they married, and any witnesses who might have seen the agreement.
• Keep an open line with the probate clerk — they can explain local procedures for motions, hearings, and timelines.

Disclaimer

This article provides general information about Ohio law and is not legal advice. It does not create an attorney-client relationship. For advice about your particular situation, contact a licensed Ohio probate attorney.