Short answer: A valid prenuptial agreement (prenup) can change what a surviving spouse may claim from the other spouse’s property and estate in Iowa, and that can indirectly affect whether a life estate is respected or whether you receive the remainder you expect. But a prenup generally cannot erase a recorded property interest created before the other spouse’s death (for example, a deed that already created a life estate). If an executor refuses to provide estate papers or information you are entitled to as a beneficiary, you can demand the records in writing and, if necessary, ask the probate court to compel production and to enforce the executor’s duties.

How prenups operate in Iowa (basic rules)

A prenuptial agreement is a contract signed before marriage that typically addresses how property and debts will be divided if the marriage ends by death or divorce. Prenups can:

• define which assets are separate or marital;
• waive a spouse’s rights to part or all of the other spouse’s estate (including waiving an elective share or statutory allowances in many cases);
• preserve planned testamentary dispositions by removing the spouse’s ability to claim against the estate; and
• set rules for the disposition of gifts, retirement, and business interests.

For Iowa law resources on contracts and family law procedures, see the Iowa Legislature site: https://www.legis.iowa.gov/, and the Iowa Judicial Branch information on probate: https://www.iowacourts.gov/.

When a prenup will affect a life estate or your remainder interest

Whether a prenup affects a life estate or your remainder depends on timing, the documents involved, and how property is held:

• Recorded deeds and existing property interests: If the life estate is created by a recorded deed (for example, a deed that grants a spouse a life estate and names you as remainder beneficiary), that deed is a matter of property title. A prenup cannot cancel title that has already been conveyed and recorded by deed unless the parties later agree in writing to change it. Check the county recorder’s office where the property is located for recorded deeds.
• Life estate created by will: If the decedent’s will grants a life estate to a spouse and the spouse previously signed a prenup that validly waives inheritance or elective-share rights, the spouse may be barred from enforcing that testamentary life estate or may choose the prenup’s negotiated remedies instead. Whether the prenup effectively prevents the spouse from taking under the will depends on the prenup’s language and whether it validly waived the spouse’s statutory rights under Iowa law.
• Elective share, allowances, homestead, and family exemptions: Many states give surviving spouses statutory remedies (for example: homestead allowances, a family allowance for support during probate, and an elective share). In Iowa, statutes create spousal protection mechanisms and probate allowances that may be waived by a spouse in a valid prenuptial agreement. A court may not enforce a waiver if the prenup was unconscionable when signed or if full disclosure (or a fair opportunity to obtain it) was lacking.
• Title versus contract: If the spouse’s right comes from property title (joint tenancy with right of survivorship, life-estate deed), the title document governs distribution at death. If the spouse’s claim is contractual (a waiver or release in the prenup), the prenup governs whether the spouse has a claim against the estate. A conflict between title and contract is usually resolved by looking at the recorded documents and contract language; recorded title is strong evidence of who owns property.

When you might challenge a prenup

You may have grounds to challenge a prenup in Iowa if, for example:

• the agreement was signed under fraud, duress, or coercion;
• there was no meaningful financial disclosure and the waiver was unconscionable;
• formal execution requirements (signatures, witnesses, notarization where required) were not met; or
• a later event (such as a court order or a subsequent agreement) changed property ownership after the prenup was signed.

Practical examples (hypotheticals)

Example A: The mother signed a prenup before marrying that waived any spousal claim to the other spouse’s estate. Later, she executed a recorded deed granting her spouse a life estate in the house and naming her child as remainderman. Because the life estate was created by a recorded deed, the spouse’s life interest is a matter of title. The prenup does not retroactively cancel that recorded life estate.

Example B: The mother and her spouse did not transfer title. The mother’s will, however, grants the spouse a lifetime home-use right. If the spouse previously waived inheritance rights by a properly executed prenup, the spouse may be prevented from taking under the will unless the waiver is invalidated for reasons like fraud or inadequate disclosure.

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

Executors (personal representatives) have fiduciary duties to beneficiaries. Beneficiaries generally have the right to see certain estate documents and to receive information about estate administration. If the executor refuses to provide what you need, follow these steps:

1. Make a written request: Send a dated, signed letter requesting the will, letters testamentary (or letters of appointment), inventory, and the executor’s accounting. Keep a copy and send by certified mail if possible.
2. Check public records: Check the probate court clerk’s file for the estate—many probate filings are public (petition for probate, will, letters testamentary). Contact the county probate clerk or visit the clerk’s website to see what is already filed.
3. Request an accounting: If the executor is administering the estate in probate, Iowa law provides procedures to compel an accounting. You can ask the probate court for an order requiring the executor to file a formal inventory and account.
4. File a petition in probate court: If informal requests fail, file a petition or motion in the probate court asking the judge to compel production, approve an accounting, or enforce the executor’s duties. The court can order turnover of records, surcharge the executor for losses, or remove the executor for breach of duty.
5. Consider mediation or a demand letter through counsel: A lawyer can send a formal demand and explain potential court remedies; this sometimes prompts voluntary compliance.
6. Get help early: If you suspect the executor is hiding a prenup or improperly withholding information that affects your rights, act quickly—statutes of limitation and probate deadlines can matter.

For forms and basic information about probate and guardian/adult protective processes in Iowa, see the Iowa Judicial Branch resources: https://www.iowacourts.gov/. For the official text of Iowa statutes and to look up statutes that govern probate, wills, and marital agreements, start at the Iowa Legislature code page: https://www.legis.iowa.gov/.

When to consult a lawyer

If a prenup appears to limit your expected remainder or the executor stonewalls you, consult an attorney experienced in Iowa probate and estate litigation. A lawyer can:

• review the prenup and estate documents;
• check recorded deeds and probate filings;
• advise whether a prenup appears enforceable or contestable under Iowa law; and
• help you file a petition in probate court to compel disclosure, an accounting, or to challenge the prenup or the executor’s conduct.

Statutory and case-law details matter. A local probate attorney can evaluate timing, specific language in the prenup and will, and any recorded title documents.

Helpful Hints — Quick Action Steps and Practical Tips

• Gather these documents first: death certificate, copy of the will (if any), letters testamentary or letters of appointment, deeds for real estate, and any communications about the prenup.
• Check the county recorder’s office where the property sits for deeds and recorded life-estate instruments.
• Make a dated written request to the executor asking for the will, inventory, and an accounting. Keep proof of delivery.
• Search the probate court file online or contact the clerk — many filings such as the petition for probate and letters are public.
• If you get no response, be prepared to ask the probate court to compel production and to seek sanctions or removal for breach of fiduciary duty.
• Remember timing: probate procedures and deadlines can be short. Acting sooner preserves more remedies.
• If the prenup seems one-sided or signed without disclosure or independent advice, discuss possible challenges with counsel.
• Use a lawyer for formal demands, petitions, or litigation — an attorney can draft precise requests and represent you in court.
• Keep records of all communications, copies of documents you obtain, and notes of phone calls with the executor or county offices.
• Consider mediation or negotiation as an early option to avoid prolonged court battles if relationships and facts permit.