Short answer

Yes. A valid prenuptial (premarital) agreement can change what a surviving spouse may receive from a decedent’s estate, and those changes can indirectly change what remains for other heirs or remaindermen (for example, children who expect to receive a remainder after a life estate). If you suspect a prenup affects a life estate or your share, you should get copies of the prenup, the will or deed creating the life estate, and any probate filings and then talk to an estate or probate attorney in West Virginia.

How prenups interact with life estates and inheritances — plain terms

Basic concepts you should know:

• Prenuptial agreement (prenup): A written contract signed before marriage that can spell out property rights, ownership, and waivers of rights to a spouse’s estate. If valid and enforceable, it governs what each spouse may claim at divorce or death.
• Life estate: A life estate gives someone the right to use property during their lifetime. At that person’s death, the property passes to named remainder beneficiaries (for example, children).
• Remainder interests: These are the interests that remain after a life estate ends. Remainder beneficiaries’ rights can be reduced or eliminated if the underlying ownership of the property changes before or during the life tenant’s life.

How a prenup can affect your expected share:

• If a prenup assigns an ownership interest in certain property to the spouse (or treats property as the spouse’s separate property), the decedent may not have had the full ownership needed to create a life estate that benefits your remainder.
• If a spouse waived inheritance rights or the elective share in a prenup, the surviving spouse may not be entitled to receive additional property through intestacy or elective-share claims, which could increase what goes to remaindermen—unless other documents (a deed or will) say otherwise.
• If the prenup specifically modifies distribution on death (for example, allocating certain assets to the spouse), that allocation can change the assets available to satisfy a life estate or remainder.
• If the prenup is later challenged and set aside (for example, because of fraud, duress, or lack of disclosure), the expected effects of the prenup disappear and estate distribution may change accordingly.

Bottom line: a prenup can alter property rights and thus can increase, decrease, or eliminate the assets available for a life estate or remainder beneficiaries. Whether it actually does depends on (1) the prenup’s specific language, (2) how property was titled and transferred, and (3) whether the prenup is enforceable under West Virginia law.

What to do if you think a prenup affects your inheritance

1. Get copies of key documents: Obtain the decedent’s will, the deed or instrument creating the life estate, the prenup (if available), and any probate filings. Probate filings become public when filed; if a probate case is open you can access the court file at the probate/circuit court clerk’s office for the county where the decedent lived.
2. Confirm roles and rights: Determine whether you are an heir, a named remainder beneficiary, or simply an interested person. That status affects your right to information and to contest documents.
3. Analyze the prenup terms and property title: A prenup that explicitly waives inheritance or assigns specific property to the spouse will usually control ownership at death, subject to enforceability and any competing testamentary documents.
4. Check for enforceability issues: Common challenges include lack of voluntary signing, inadequate financial disclosure, fraud, or unconscionability. If you believe the prenup is invalid, an attorney can evaluate your options to challenge it in court.
5. Talk to an estate or probate attorney promptly: A lawyer can advise whether to contest the prenup, contest the will, or challenge the executor’s handling of the estate. Time limits may apply to contests and other claims.

If you do not yet have an attorney, use the West Virginia Judiciary and state bar resources to find a probate or estate attorney in your county: https://www.courtswv.gov/ and the West Virginia State Bar directory for referrals.

What you can do if the executor refuses to provide documents or information

Executors (personal representatives) owe duties to beneficiaries and interested persons. If an executor refuses to provide a will, a life estate deed, an inventory, or an accounting, consider these steps:

• Make a written request: Send a polite written demand to the executor requesting copies of the will, the estate inventory (if filed), and any documents concerning the life estate. Document your requests and the executor’s responses.
• Check the probate court file: If the estate is in probate, many papers filed by the executor will be public. Visit the county circuit/probate clerk where the decedent lived to review the file.
• File a motion with probate/circuit court: If the executor refuses to cooperate, you can ask the probate court to order production of the will, an inventory, or an accounting. Courts can compel disclosure of probate records and can require an executor to file required reports.
• Ask the court to enforce duties: If the executor is withholding information, mismanaging assets, or otherwise breaching fiduciary duties, you can ask the court for relief. Remedies include compelling disclosure, removing the executor, surcharge (monetary remedy), or appointing a special administrator.
• Consider a petition for emergency relief: If assets are at immediate risk (for example, improper transfers to the surviving spouse or others), you can ask the court for temporary relief to preserve estate assets.
• Keep records: Save copies of correspondence, demands, and any evidence of mishandling or concealment of documents. This helps any later court action.

To start, visit the circuit court clerk’s office in the county where the deceased lived. The West Virginia Judiciary website provides court locations and contact information: https://www.courtswv.gov/

When to consider legal action

Consider immediate legal help if any of the following are true:

• The executor refuses in writing to provide the will or critical estate documents;
• You suspect the prenup was signed under duress, with fraud, or without proper disclosure;
• Property that should be part of the estate has been transferred away or sold to the surviving spouse or others;
• You were denied beneficiary status or an elective share you believe is owed.

An attorney can file the necessary petitions in the probate (circuit) court and advise on statute-of-limitations issues for will contests and other claims.

Helpful hints

• Ask for everything in writing and keep copies of all correspondence.
• Make a list of assets you know of (real estate, bank accounts, retirement plans) and the documents that control them (deeds, beneficiary designations, wills).
• Remember that beneficiary designations (on life insurance and retirement plans) often override a will—check those forms.
• If you cannot afford a private attorney, contact legal aid or the West Virginia State Bar for low-cost referral options.
• Act quickly: probate and will-contest deadlines exist, and delay can limit your options.
• Even if a prenup exists, it can sometimes be challenged for procedural or fairness reasons—don’t assume it is absolute until an attorney reviews it.