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Florida: Can a Prenuptial Agreement Affect a Life Estate or Your Share of an Estate?

August 19, 2025 7 min read

Disclaimer: I am not a lawyer. This article provides general information about Florida law and is not legal advice. Consult a licensed Florida attorney about your specific situation.

Detailed Answer — How a Prenuptial Agreement Can Affect a Life Estate and Your Share in Florida

Short answer: Yes, a valid prenuptial agreement can change how marital property and testamentary plans operate in Florida and can reduce or eliminate a spouse’s statutory claims that might otherwise affect a life estate or your share of an estate. Whether it does so in your case depends on what the agreement says, whether it was executed correctly, any homestead or statutory protections that apply, and whether someone validly challenges the agreement.

1. What a prenuptial agreement can and cannot do in Florida

Florida enforces premarital (prenuptial) agreements under state law. Parties may use a prenuptial agreement to:

  • Define which property is separate (belongs to one spouse) and which is marital property.
  • Allocate rights to income, trusts, and future inheritances.
  • Waive statutory rights a spouse would otherwise have — for example, an elective share in the other spouse’s probate estate — if the waiver is knowing and voluntary.

However, certain public-policy protections may limit what can be waived or how a waiver is enforced in specific contexts (for example, issues involving minor children or fraudulent concealment). The Uniform Premarital Agreement Act provisions and related family-law rules apply in Florida; see Florida Statutes, Chapter 61 for rules governing marital agreements and their enforcement: Florida Statutes Chapter 61.

2. Life estates, testamentary gifts, and interaction with a prenup

Definitions:

  • A life estate is an ownership interest that lasts for the duration of the life tenant’s life; when the life estate ends, the property passes to the remainder beneficiary.
  • An elective share (or other statutory spousal rights) is the statutory right a surviving spouse may assert against a decedent’s probate estate.

How these interact:

  • If your mother’s spouse signed a prenuptial agreement that effectively waived the spouse’s right to an elective share or otherwise treated specified property as the other spouse’s separate property, that waiver can prevent the surviving spouse from using elective-share rules to upset a life estate or remainder interest created by your mother’s will or other estate planning.
  • If the prenup specifically addresses particular property (for example: “all property titled in Wife’s name is separate and not subject to Husband’s claims”), then property passing as a life estate or by remainder may remain protected as intended by the testator, subject to challenge to the agreement’s validity.
  • Florida homestead law provides unique protections for a surviving spouse in some situations. Homestead rights can be complicated and may affect whether or how a prenup or will can alter a spouse’s interests in the family home. Because homestead rules are powerful in Florida, you should get advice if the family home is involved.

3. Validity and challenges to a prenuptial agreement

For a prenup to be enforceable it generally must have been entered into voluntarily, with full disclosure (or independent knowledge) of financial circumstances, and without fraud, duress, or unconscionability at the time of enforcement. A spouse or interested heir can challenge an agreement in probate or family court on those grounds.

If a court finds the agreement invalid, the spouse may be able to assert statutory claims (like an elective share), which could change how a life estate or remainder interest distributes assets.

4. Example (hypothetical)

Suppose your mother and her spouse signed a valid prenuptial agreement stating that all assets your mother owned before marriage and any inheritances she received would remain her separate property and the spouse waived any elective-share rights. Your mother later creates a will granting a life estate in her house to her spouse and remainder to you. If the prenup is valid and the house is separate property, the spouse cannot later use the elective share to take more than the life estate the will provided. If, however, the prenup is successfully challenged, the spouse might claim a greater share under Florida’s probate or elective-share rules.

What to do if the personal representative (executor) refuses to provide the prenuptial agreement

1. Confirm your status and request the document in writing

First, confirm you are an interested person (beneficiary, devisee, heir, or creditor). Send a written, dated request to the personal representative asking for a copy of the prenuptial agreement and any estate planning documents relevant to your interests. Keep copies of all correspondence.

2. Personal representative duties and where to look for statutory support

In Florida, personal representatives have fiduciary duties during probate administration. They must preserve estate property, keep beneficiaries reasonably informed, and follow court orders. For general rules about estate administration and personal representatives, see Florida Statutes, Chapters 732–733 (wills, intestacy and administration):

3. If the written request is ignored — next steps

  • Contact the probate clerk: Ask whether the estate has been opened and whether the document was filed with the court. If the estate is being administered in probate, many documents (including the will) get filed and become public record.
  • File a motion or petition in probate court: An interested person can ask the probate court to compel the personal representative to produce estate records or to require disclosure. The court can order production, impose sanctions, or remove a representative who fails to perform duties.
  • Seek quick relief if you suspect concealment: If you have reason to believe the personal representative is hiding or destroying documents, your attorney can request expedited court intervention (temporary injunctions, emergency motions, or subpoenas) to preserve evidence.
  • Request an accounting or inventory: If the estate is open, you can request an inventory or accounting. If the representative refuses, the court can compel it.

4. If you suspect the prenup is invalid

If you believe the prenuptial agreement is unenforceable (fraud, lack of disclosure, coercion, or unconscionability), your challenge typically must be filed in court. Winning a challenge can restore statutory rights for the surviving spouse and change how estate property is distributed.

Helpful Hints

  • Ask for the document in writing and keep copies of your requests and any responses.
  • Confirm whether the estate is in probate. If yes, check public court filings for the will and related pleadings.
  • Collect other estate documents you already have (deeds, beneficiary designations, previous wills, trust documents).
  • If you are a named beneficiary, communicate promptly and clearly with the personal representative; keep communication professional and documented.
  • If the personal representative refuses to cooperate, consult a probate attorney quickly. An attorney can draft motions, request court orders, or obtain subpoenas if necessary.
  • If you think the prenup is suspect, note facts that support a challenge: lack of disclosure, signing under duress, no independent counsel, or extreme unfairness at the time it was enforced.
  • Be mindful of time limits. Some claims have statutes of limitation or procedural deadlines in probate cases; acting promptly preserves your options.
  • Understand homestead issues in Florida. If the family home is involved, get tailored legal advice because homestead laws can override other planning tools in some circumstances.

If you need help with next steps, a Florida probate or estate attorney can review the prenuptial agreement (if you can obtain a copy), evaluate its enforceability, and represent you in probate court to compel disclosure or to challenge the agreement.

Relevant Florida statute references and resources:

For a tailored plan and to preserve your rights, consult a Florida probate/estate attorney promptly. If you would like, I can list the types of questions to ask an attorney or a checklist of documents to gather before a consultation.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.