Detailed answer: how prenuptial agreements, life estates, wills, trusts, and an executor’s duties interact in Hawaii

1) What a prenuptial (premarital) agreement can and cannot do

Premarital agreements are written contracts made before marriage in which prospective spouses can agree about property division, spousal support, and certain inheritance or estate planning matters. In general, a valid premarital agreement can:

• Define which property is separate and which is marital.
• Allocate who owns title to specific property during life and who will receive property on death (subject to other controlling documents).
• Waive or limit a spouse’s statutory rights that would otherwise arise at death (for example, election or other spousal entitlements), if the waiver is enforceable.

What it typically cannot do: it cannot require actions that violate public policy or attempt to control child custody or child support rights for minor children. Also, a premarital agreement can be set aside if it was procured by fraud, duress, lack of capacity, or unconscionability and the challenging party proves those elements in court.

2) How a premarital agreement can affect a life estate or your share

Whether the agreement affects your share depends on several things:

• If the agreement transferred ownership or created a life estate (or caused a deed, will, or trust to convey an interest) during your mother’s life, that changed title and usually governs who has the life estate or remainder.
• If the agreement only says how the surviving spouse and the other spouse agreed to treat property but the mother later executed a will or trust that disposes of the same property differently, that later estate document may control unless the premarital agreement limited the surviving spouse’s ability to accept later gifts or required certain postmarital steps. The relative priorities depend on the exact language and whether the agreement waived the spouse’s statutory rights.
• If the premarital agreement included a clear, valid waiver of spousal rights and the waiver was enforceable under Hawaii law, the surviving spouse may be unable to claim against the estate for an elective share or other spousal entitlements — which can increase the remainder available to other heirs or to remainder beneficiaries of a life estate.

Because these outcomes turn on precise document language and whether the agreement satisfied legal formalities (full disclosure, voluntary signing, and not being unconscionable or the result of fraud/duress), you need to review the actual premarital agreement plus any wills, trusts, deeds, and beneficiary designations.

3) Executors, fiduciary duties, and a beneficiary’s right to information

An executor (personal representative) stands in a fiduciary position once appointed by the probate court. Basic duties typically include collecting estate assets, protecting those assets, providing notice to beneficiaries and creditors, and accounting for estate administration. Beneficiaries and interested persons commonly have the right to:

• Request and receive a copy of the will that has been offered for probate and certain court-filed probate documents.
• Request information about estate assets, a formal inventory, and accountings in accordance with the probate court rules and applicable Hawaii procedures.
• Ask the probate court to compel disclosure, to require formal accounting, or to remove an executor who breaches fiduciary duties.

If the executor refuses informal requests, the usual next steps are formal written demand, then filing a petition in probate court asking the judge to order production of documents or to require an accounting.

4) Practical examples (hypotheticals)

Hypothetical A: Your mother kept a life estate in the family house and a premarital agreement between your mother and her spouse stated that, on her death, the spouse receives a life estate and then the remainder passes to the surviving spouse’s children. If the agreement was valid and properly implemented (for example, by deed or trust), your remainder interest could be reduced or eliminated.

Hypothetical B: Your mother signed a premarital agreement that waived the spouse’s rights to her estate, but later she changed her will to leave the spouse a life estate. If the waiver was enforced, the later will-oriented gift to the spouse may be vulnerable — but outcome depends on whether the will gift was meant to honor the waiver and whether the waiver was enforceable.

5) Where to look in Hawaii law and how to research the rules

Hawaii law covers probate, estate administration, and related court procedures through the state judiciary and the Hawaii Revised Statutes. For practical probate steps and forms see the Hawaii Judiciary probate self-help pages: https://www.courts.state.hi.us/self-help/probate. To read the current Hawaii Revised Statutes and search for statutory language on wills, probate, and contracts, use the Hawaii State Legislature site: https://www.capitol.hawaii.gov/hrscurrent/. (Search terms like “will,” “probate,” or “marriage contract” will help you find relevant sections.)

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

1. Ask politely and in writing. Send a written request by certified mail or email (if the executor uses email) asking for copies of the will, the premarital agreement (if it affects estate distribution), trust documents (if any), and a basic inventory or statement of assets. Keep proof of delivery.
2. Identify your legal status. Say that you are an interested person or beneficiary (if you are named to receive anything, have a remainder interest, or are a statutory heir). Courts will treat named beneficiaries and statutory heirs as interested persons with standing to request disclosure.
3. Request a court accounting if informal requests fail. If the executor refuses to produce documents or provide basic information, you can file a petition in probate court asking the judge to compel disclosure or require a formal accounting. The probate court has the authority to order discovery, compel production of documents, and sanction or remove an executor for misconduct.
4. Consider a motion to compel or a petition for removal. Persistent refusal, concealment of assets, or failure to account can justify asking the court to remove the executor for breach of fiduciary duty and to appoint a successor.
5. Get legal help early. An attorney who handles Hawaii probate and estate litigation can draft demand letters, prepare the petition to the court, and handle hearings. If cost is an issue, look for low-cost probate clinics on the Hawaii Judiciary site or local legal aid groups.

Sample short written request you can adapt

“I am a named beneficiary/interested person in the Estate of [Name]. Please provide, within 14 days, a copy of the decedent’s will, any premarital agreement signed by the decedent, any trust documents under which estate assets may pass, and a current inventory or statement of the estate’s major assets. Please send copies to [your contact information].”

Helpful Hints

• Start by getting copies of the will and any recorded deeds. Deeds are public records at the county bureau of conveyances and can show whether a life estate was created.
• Search probate filings in the Hawaii probate court online or contact the clerk to see if a probate case has been opened.
• If a premarital agreement was not recorded, it may still be binding — look for signed copies among the decedent’s papers or ask the spouse or attorney who prepared the estate planning documents.
• Preserve communications. Save written correspondence and keep notes of phone calls with the executor about document requests.
• If the issue is urgent (missing assets or suspected concealment), ask the court for emergency relief; probate courts can act quickly to preserve estate assets.
• Even if you are not certain the premarital agreement affects your share, request it — it often clarifies whether the surviving spouse waived rights or whether title was reallocated before death.