Can a prenuptial agreement affect a life estate or your share of an estate in Vermont, and what to do if the executor refuses to provide it?

Detailed answer — short version

Yes. In Vermont, a valid prenuptial (premarital) agreement can change the default distribution of a spouse’s property, including whether the surviving spouse can take an elective share or other statutory rights that might otherwise reduce what remainder beneficiaries (including life estate remaindermen) receive. Whether the prenup actually affects a particular life estate depends on how the estate and property rights were created and whether the prenup was valid and still enforceable. If an executor refuses to produce the prenup or other estate documents, you have procedural remedies through the probate process, including written demand, petitioning the probate court to compel production, requesting accounting, or seeking removal or surcharge of the fiduciary.

How a prenuptial agreement can affect life estates and your inheritance in Vermont

Start from two basic legal facts:

• A premarital agreement is a contract between spouses about the financial rights and property each will have if the marriage ends by death or divorce.
• A life estate is an ownership interest that typically gives one person the right to use property for life, with the property passing to a remainder beneficiary afterward.

When a premarital agreement is valid and covers testamentary rights or spousal rights, it can:

• Waive or limit the surviving spouse’s claim to an elective share, homestead allowance, or other statutory spousal protections that would otherwise reduce the remainder beneficiary’s interest.
• Control how the spouse may use or convey property during life, or how property is disposed of at death, if the prenup expressly addresses those items.
• Prevent the spouse from asserting intestacy rights that could defeat or alter remainder interests created by will, deed, or trust, if the agreement’s language is broad enough and it was properly executed.

However, a prenup will not automatically alter every legal arrangement:

• If the life estate was created by deed or an irrevocable transfer (not just by a will), the prenup cannot undo an already-effective transfer of title unless the prenup specifically addresses that asset and the parties had authority to deal with it.
• If the prenup is invalid—because it wasn’t in writing, wasn’t signed, was procured by fraud, duress, lacked required disclosure, or is unconscionable—a court may refuse to enforce it. Vermont follows general contract enforcement rules for premarital agreements.
• Some statutory protections may be nonwaivable in certain circumstances (for example, tax or public-policy-based protections). You should check the specific statutory protections at issue.

Practical examples (hypotheticals)

Example A: Mom creates a will leaving a life estate in her home to her spouse for life, with you as remainder beneficiary. If Mom and spouse signed a valid prenup that waived the spouse’s right to any testamentary gifts and elective-share rights, the spouse may have no basis to claim more than the life estate provided by the will.

Example B: Mom deeded her house to spouse as life tenant and named you as remainderman, but the deed was recorded before the prenup and was irrevocable. The prenup likely cannot unwind that recorded property transfer unless the transfer itself was somehow invalid or the prenup specifically addresses that recorded interest.

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

Executors (personal representatives) owe fiduciary duties to estate beneficiaries and to the probate court. They generally must provide information, file necessary inventories and accounts, and follow probate procedure. If an executor refuses to provide the prenup or other documents, follow these steps:

1. Ask in writing. Send a polite but firm written request to the executor (and the attorney for the estate, if known) requesting a copy of the prenup and any documents related to the life estate and estate plan. Keep copies and proof of delivery.
2. Check whether the will or probate petition has been filed with the probate court. Many jurisdictions require the original will to be filed with the probate court after death. If the estate is open in Vermont probate, the court file may already have relevant documents.
3. Request an inventory/accounting. Vermont probate practice requires fiduciaries to account for estate assets and transactions. You may request that from the executor and, if the executor refuses, you can petition the probate court to order disclosure or an accounting.
4. Petition the probate court to compel production. If informal requests fail, you (or your lawyer) can file a motion or petition in the probate court asking the judge to order the executor to produce the prenup and related records. The court has authority to compel fiduciaries to produce documents and information.
5. Ask the court for enforcement or fiduciary remedies. If the executor is hiding documents or mismanaging assets, you can ask the court to remove the executor, surcharge the executor for losses, or appoint a receiver. The court can also award attorneys’ fees in some cases for misconduct.
6. Use subpoenas and discovery when appropriate. If litigation becomes necessary (for example, a declaratory judgment action about the prenup’s validity), you can use subpoenas and discovery to obtain the prenup from the spouse, the attorney who drafted it, or others who may have copies.
7. Consider mediation or negotiation. If relationships allow, mediation or negotiation sometimes yields a faster, less expensive result than an immediate court fight.

Where to look for the prenup now

• Ask the surviving spouse—many keep the prenup among their personal papers or with their attorney.
• Contact the law firm that represented either spouse before or at marriage; attorneys often keep copies.
• Search probate filings—some wills or related pleadings may reference the agreement; file a request with the probate clerk.
• Search recorded documents—if the prenup was ever recorded or a related contract was recorded, the county land records or clerk may have it.

Relevant Vermont resources and statutes

For statutory and procedural information about probate and the duties of fiduciaries in Vermont, see the Vermont Judiciary’s Probate Division and the Vermont Statutes online:

• Vermont Judiciary — Probate Division: https://www.vermontjudiciary.org/
• Vermont Statutes (browse statutes and search for probate, wills, fiduciary duties): https://legislature.vermont.gov/statutes/

Note: Vermont’s specific statutes and probate rules govern how wills, inventories, accountings, and fiduciary duties are enforced. If you need citations for a particular statutory provision (for example, rules about filing a will or removing an executor), consult the Vermont Statutes or the probate clerk for the county handling the estate.

When to consult an attorney

You should consider getting a Vermont probate or estate litigation attorney when:

• The executor refuses to provide documents after written demand.
• You suspect the prenup is being concealed, was not properly executed, or will be used to defeat your clear legal rights.
• Complex asset transfers or trusts are involved.
• You need to file a petition in probate court to compel disclosure, seek removal of the fiduciary, or litigate the validity of the prenup.

Helpful hints

• Keep written records of all requests for documents and any responses.
• Ask the probate clerk whether the will has been filed; many estates must file the original will with the court shortly after death.
• Be direct but civil when communicating with an executor—courts favor beneficiaries who first seek voluntary disclosure.
• Act promptly. Probate deadlines and statutes of limitations can affect your remedies.
• If the prenup existed long ago, look for a trust, deed, or other instrument that may reflect its terms instead of relying on verbal descriptions.
• Expect that proving a prenup invalid takes evidence—financial disclosure records, testimony about execution, and the circumstances of signing all matter.

Disclaimer

This article explains general Vermont legal concepts to help you understand potential issues. It is not legal advice and does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Vermont attorney who can review the prenup, estate documents, and court filings and recommend action tailored to the facts.