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

Quick answer: Yes — in Rhode Island a valid premarital agreement can limit or waive a surviving spouse’s statutory rights and can therefore indirectly affect how much of an estate ultimately passes to other beneficiaries. Whether it affects a specific life estate or your share depends on the language of the agreement, whether it is valid and enforceable under Rhode Island law, and whether the surviving spouse has any statutory rights that were not properly waived. If an executor refuses to provide the agreement or estate information, you can demand it in writing, contact the probate court, and file a petition to compel disclosure or for an accounting. Below is a detailed explanation, practical steps, and helpful hints.

Detailed answer — how premarital agreements interact with estate and life‑estate planning in Rhode Island

1. What a premarital agreement can and cannot do

A premarital agreement (prenup) is a contract between people who intend to marry. In Rhode Island, like most states, parties may use premarital agreements to decide ownership of property, support, and other economic matters if the marriage ends by divorce or death. A properly executed premarital agreement can:

• Define property rights and classify assets as separate or marital property.
• Waive or limit a spouse’s right to certain distributions that they might otherwise claim at death (for example, an elective share) or to certain property on divorce.
• Influence how the decedent’s estate is distributed because the surviving spouse’s claims against the estate may be limited by agreement.

However, a prenup generally cannot do everything. It cannot:

• Eliminate third-party property rights that were created before or outside the agreement unless that third party consented or the instrument creating the third‑party right allows it.
• Override certain mandatory protections created by statute (for example, in some states minimum forced shares for children), unless the statute permits waiver by agreement.

For Rhode Island statutes and the text of the law governing premarital agreements and family law matters, see the Rhode Island General Assembly statute index for Title 15 (Domestic Relations): https://webserver.rilin.state.ri.us/Statutes/TITLE15/.

2. How a premarital agreement can affect a life estate specifically

Two common ways a prenup can affect a life estate or your share:

• If the prenup waives the surviving spouse’s right to an elective share (or otherwise gives up rights to the decedent’s estate), then the surviving spouse may not be able to claim against the estate to cut into a life estate or remainder interest you receive by will or deed.
• If the prenup recharacterizes certain assets as the spouse’s separate property, those assets might pass to the spouse (or by the spouse’s own estate plan) rather than be subject to life‑estate language in your mother’s will or deed.

Example (hypothetical): your mother’s will leaves you a life estate in a house, with the remainder to her grandchildren. If the surviving spouse had negotiated and signed a premarital agreement waiving any inheritance or elective share, then the spouse may have no claim to the house beyond what the will or deed grants. If the prenup instead made the house the separate property of the spouse, the house might never be part of your mother’s probate estate at her death.

3. When a prenup may be invalid or unenforceable in Rhode Island

A premarital agreement may be set aside or held unenforceable if one of the following applies:

• One party did not sign voluntarily (for example, under duress).
• There was a lack of fair disclosure about the other party’s financial obligations or property, and the party challenging the agreement did not have independent counsel or reasonable time to review.
• The terms are unconscionable and a court finds enforcement would be unfair under the circumstances.

If you believe the prenup might be invalid for these or other reasons, a court can decide the issue during litigation over the estate, a claim by the surviving spouse, or a separate action to invalidate the agreement.

4. Elective share and statutory protections

Many states give a surviving spouse an “elective share” (a statutory portion of the deceased spouse’s estate) that the spouse can claim despite a will. Parties can often waive elective‑share rights by prenup if the waiver was knowing and voluntary. The exact elective share rules and waiver requirements are set by state law. For Rhode Island probate and estate procedure, see Title 33 (Probate Practice and Procedure): https://webserver.rilin.state.ri.us/Statutes/TITLE33/.

What to do if the executor refuses to provide the premarital agreement or estate information

Executors (personal representatives) owe fiduciary duties to beneficiaries and heirs. They generally must collect estate assets, file required documents with the probate court, and provide information to interested persons. If an executor refuses to provide the premarital agreement or to disclose estate records, follow these steps:

Step 1 — Ask in writing

• Send a polite, clear written request for the prenup and any estate accounting or inventories. Use certified mail or another trackable method. State that you are an interested person (beneficiary/heir) and that you request copies of relevant estate documents.
• Keep copies of all correspondence.

Step 2 — Check probate filings

• Visit the probate court where the estate is being administered. Many documents (the will, petitions, inventories, accountings) are public once filed. Ask the probate clerk whether the will and required inventories or accountings have been filed and whether a premarital agreement was submitted as part of the probate record.

Step 3 — File a petition with the probate court

• If the executor still refuses, you (as an interested person) can petition the probate court to compel production of documents, to order an accounting, or to take other action. Typical relief includes an order requiring the executor to provide copies of documents, a formal accounting, or to show cause why the executor should not be sanctioned or removed for breach of fiduciary duty.
• The probate court can enforce compliance, award attorney’s fees in some circumstances, and remove an executor who violates duties.

Step 4 — Consider alternative remedies

• If the prenup seems central to your claim (for example, you believe it was forged or invalid), you may need to bring a declaratory-judgment action or a civil suit challenging the agreement’s validity.
• In urgent situations (risk of asset dissipation), you may ask the probate court for emergency relief such as a temporary restraining order, removal of the executor, or a freeze on distributions.

Step 5 — Get legal help

Probate rules and fiduciary duties are technical. If the executor refuses to comply, speak with a Rhode Island probate attorney who can evaluate the facts and file the correct motions in court. If you cannot afford counsel, the probate clerk can often point you toward self‑help resources or legal aid organizations.

Practical checklist — documents to request or look for

• Copy of the decedent’s will and any codicils.
• Copy of the premarital agreement (prenup) and any postnuptial agreements.
• Letters testamentary or letters of administration issued to the executor.
• Inventory of estate assets filed with the probate court.
• Accountings filed by the executor (interim or final).
• Deeds, title documents, and trust documents (if any).

When to talk to a Rhode Island attorney

Consult an attorney if any of the following apply:

• The executor refuses to produce documents after reasonable written requests.
• You suspect the premarital agreement is invalid, forged, or the product of duress or fraud.
• There is a high risk of asset dissipation or improper distributions.
• You need help filing a petition with the probate court to compel disclosure, obtain an accounting, or remove an executor for breach of fiduciary duty.

Helpful Hints

• Keep all communications in writing and keep copies; written requests create a record you can show the court.
• Act promptly. Probate deadlines and statutes of limitation can affect your ability to bring certain claims.
• Check the probate docket early. Many key documents are public once filed and you may be able to access them without involving the executor.
• Understand your status: “interested persons” (heirs, beneficiaries, creditors) have rights to notices and information in probate matters. Ask the probate clerk to confirm whether you qualify as an interested person in that estate.
• Ask whether the premarital agreement was recorded or otherwise filed with a court or title company. Not all prenups are recorded, but they may be supplied to the probate court when relevant.
• If the prenup was drafted or signed in another state, it may still be enforceable in Rhode Island, but you should confirm enforcement rules with a local attorney.

Where to find Rhode Island statutes and probate resources

Rhode Island General Laws — Title 15 (Domestic Relations): https://webserver.rilin.state.ri.us/Statutes/TITLE15/

Rhode Island General Laws — Title 33 (Probate Practice and Procedure): https://webserver.rilin.state.ri.us/Statutes/TITLE33/