Can a prenuptial agreement between my mother and her spouse affect life estate provisions or my share of her estate in Georgia, and what can I do if the executor refuses to provide it?

Short answer: Yes — a valid premarital (prenuptial) agreement in Georgia can change the spouse’s property and inheritance rights and therefore can affect life-estate provisions or what remainder beneficiaries (like you) receive. If an executor refuses to provide the agreement or basic estate information, you have options: make a written demand, ask the probate court for disclosure or an accounting, and if necessary, hire an attorney and petition the court for relief.

Disclaimer

This is general information about Georgia law and not legal advice. I am not a lawyer. For advice specific to your situation, consult a qualified Georgia attorney who handles probate and estate matters.

How prenuptial agreements work in Georgia (basics for beginners)

A premarital agreement (often called a prenup) is a signed contract between two people who intend to marry. In Georgia, premarital agreements generally can specify how property will be owned, how debts will be allocated, and whether one spouse will give up rights to the other spouse’s estate after death. When valid, these agreements control the parties’ property rights instead of default state law about marital property or spousal inheritance.

Key points for complete beginners:

Property categories: In plain terms, property can be either separate (owned by one spouse before marriage or received as a gift/inheritance during marriage) or marital (acquired during the marriage). A prenup can clarify which assets remain separate.
Estate rights: A prenup can include a waiver of the surviving spouse’s rights to receive property under the other spouse’s will, to claim an elective share, or to assert certain other claims.
Nonprobate transfers: Items that pass outside probate (life insurance beneficiaries, payable-on-death accounts, trusts) are usually controlled by the beneficiary designation or trust terms; a prenup may affect those rights only if it specifically addresses them.

When a prenup can affect a life estate or your share

Whether a prenup changes a life estate provision or your remainder interest depends on several things:

What the prenup says: If the agreement expressly waives the surviving spouse’s right to certain property or establishes how property will pass on death, it can prevent a spouse from insisting on a life estate or elective share that would otherwise reduce the remainder beneficiaries’ interests.
Whether the prenup is valid: To be enforceable the agreement must meet Georgia’s requirements for premarital agreements (usually a written agreement, signed by both parties, entered into voluntarily, with proper disclosure and without fraud or unconscionability). See Georgia’s premarital agreement provisions for details: https://www.legis.ga.gov/ (search for O.C.G.A. § 19-3-60 et seq., Georgia’s Premarital Agreement Act).
Whether the life estate was created by will or by contract: If your mother’s will creates a life estate in her spouse and that spouse previously signed a prenup that validly waived rights to the property given in the will, the prenup may trump the spouse’s claim. Conversely, if a life estate is created by a deed or other contract, the enforceability depends on how that conveyance interacts with the prenup and whether the prenup addressed that particular asset.
Nonprobate interests: A prenup might not alter beneficiary designations, trusts, or other nonprobate arrangements unless it explicitly deals with them. So for example, life insurance payable to the surviving spouse may still pass to that spouse unless the prenup or another binding document changes the designation.

Georgia-specific legal references you may need

Georgia has statutory provisions governing premarital agreements (commonly cited as the Premarital Agreement Act). For reliable, official information about probate and probate procedure, you can also consult the Georgia Courts site on probate courts and procedures: https://www.georgiacourts.gov/courts/probate-courts/

If you want the exact statutory language on premarital agreements, search the Official Code of Georgia Annotated (O.C.G.A.) for “premarital agreement” or “premarital agreements” on the Georgia General Assembly site: https://www.legis.ga.gov/

Practical examples (hypotheticals)

Hypothetical A: Your mother’s will leaves a life estate in a house to her spouse and the remainder to you. If the spouse signed a prenup before marriage that expressly waived any right to inherit or to receive a life estate in the house, that waiver likely prevents the spouse from claiming the life estate and the house should pass to you on the terms set by the will and prenup (assuming the prenup is valid).
Hypothetical B: Your mother created a life estate by deed (conveying a life estate to her spouse). A prenup might not unwind an already executed deed unless the prenup specifically addressed that asset and the parties agree or a court finds the prenup controls. Property transfers executed during the marriage can be more complex.
Hypothetical C: The prenup waived intestate or elective-share rights but your mother also named her spouse as beneficiary on a payable-on-death bank account. Because beneficiary designations often control outside probate, the account may still go to the named beneficiary unless the prenup or a later valid instrument changes that designation.

What to do if the executor refuses to provide the prenuptial agreement or related estate documents

Executors (also called personal representatives) have duties. They are fiduciaries responsible to the probate court and to beneficiaries and heirs. While the specific obligations and timing vary, beneficiaries generally have a right to information about the estate and to see documents that affect their interests.

Steps you can take:

Make a written request: Send a polite, dated written demand to the executor asking for a copy of the prenup and any documents that affect your interest (the will, accountings, inventories, deeds, beneficiary designations). Keep a copy of your request for your records.
Check probate filings: If the estate is already opened in probate court, many materials (will, inventory, accountings) must be filed with the court and may be available at the probate court clerk’s office. Visit or contact the local probate court to see what has been filed. See Georgia probate court information: https://www.georgiacourts.gov/courts/probate-courts/
Ask the court for help: If the executor refuses, you can petition the probate court for an accounting or for an order compelling the executor to produce documents. Courts can require executors to file inventories and accountings and can enforce disclosure under their supervisory power over fiduciaries.
Consider a petition to compel or for removal: If the executor persistently refuses to comply, you may ask the court to compel production, to find the executor in contempt, or even to remove the executor for breach of fiduciary duty. The court can appoint a replacement fiduciary if needed.
Get a lawyer: If the estate is complex or the executor is uncooperative, an attorney who practices probate law in Georgia can send a formal demand letter and file the appropriate petitions with the probate court. This is often the most effective way to get documents quickly.
Preserve evidence and deadlines: Keep copies of all communications. Be mindful of statutes of limitation and probate deadlines; a lawyer can help identify time limits that affect challenges to documents or fiduciary conduct.

What information executors typically must provide

Although the exact rules and timing vary, executors usually must:

File the will with the probate court and have the court accept appointment.
Provide notice to known heirs and beneficiaries after appointment.
Prepare and file inventories and accountings for the probate court and provide reasonable information to beneficiaries about estate administration.
Distribute assets according to the will or intestacy and applicable law (including respecting valid premarital agreements).

If an executor refuses these duties, the probate court is the place to ask for enforcement.

How a lawyer can help

Confirm the prenup’s validity and scope and review whether it mentions the specific property or rights (life estate, beneficiary designations, elective share).
Send formal demand letters to the executor and file petitions in probate court to compel document production or an accounting.
Advise whether you have standing to challenge the prenup or contest the estate administration, and help you weigh costs and benefits of litigation.

Helpful hints

Ask for everything in writing and keep copies of all communications with the executor.
Check probate court filings early — wills and inventories are often public records once filed.
Be specific in your document request: ask for the prenup, will, codicils, deeds conveying life estates, beneficiary designations, accountings, and the inventory.
If the prenup is old, look for language about future transfers and whether full financial disclosure was made when it was signed—courts sometimes scrutinize older agreements for fairness and disclosure.
Remember nonprobate documents (beneficiary designations, trusts) can bypass probate — check those directly where possible.
Consult a Georgia probate attorney promptly if the executor resists; courts often act faster when an attorney files a motion than in response to informal requests.

Bottom line

A valid premarital agreement in Georgia can change a surviving spouse’s rights and therefore can affect life estates and the remainder that beneficiaries receive. Executors have duties to beneficiaries and the probate court; when an executor refuses to provide estate documents you can make a written demand, check probate filings, and ask the probate court to compel disclosure or provide other remedies. Because these issues can be legally and factually complex, consider consulting a Georgia probate attorney to protect your rights.

For statutory language and official guidance, visit the Georgia General Assembly site (search the Official Code of Georgia Annotated for premarital agreements and probate statutes): https://www.legis.ga.gov/ — and the Georgia Courts probate page: https://www.georgiacourts.gov/courts/probate-courts/