Short answer

Yes. In Kansas, a valid prenuptial (premarital) agreement can change how property is owned between spouses and therefore can affect the assets available in a parent’s estate, including life estate arrangements. If you are a potential beneficiary and the executor refuses to provide the agreement or estate records, you have clear options: make a written demand, ask the probate court to compel production or accounting, and consider hiring a probate attorney to protect your rights.

Detailed answer — how a prenup can affect a life estate and inheritance

What a prenuptial agreement covers in Kansas

Kansas recognizes premarital agreements under state law. Those agreements typically govern ownership, control, and disposition of property between spouses. A prenup can specify which assets remain separate and which become marital property. If the prenup transfers or preserves ownership of property for the surviving spouse, that can reduce the pool of assets available to an estate for distribution to heirs or for creation of life estates.

For the statutory framework in Kansas, see the state statutes on premarital agreements: https://www.ksrevisor.org/statutes/chapters/ch23/

How a prenup can change a life estate or your share

• If your mother’s will or deed created a life estate in a particular asset but a prenup gave that asset to the spouse as separate property, the asset may not be part of your mother’s probate estate to begin with.
• If the prenup gives the surviving spouse an interest or full ownership in property your mother otherwise intended as part of her estate, your inheritances can shrink or disappear.
• If the prenup only affects property rights between the spouses and does not address your mother’s testamentary plan, the will (or deed establishing the life estate) still governs whatever property remains in your mother’s estate.

When a prenup might be challenged

A prenup is not automatically ironclad. Common legal challenges include claims the agreement was signed under duress, without adequate financial disclosure, or was unconscionable when signed. If a court invalidates a prenup (in whole or in part), property may revert to estate status and be available for a life estate or distribution to heirs.

Relevant probate law and where to look

Kansas probate law governs the duties of executors, inventories, accountings, and the process to compel an executor to act. Review the probate statutes and procedures in the Kansas probate code for duties and remedies: https://www.ksrevisor.org/statutes/chapters/ch59/

What to do if the executor refuses to provide the prenup or estate documents

Step 1 — Ask formally and document the request

Send a written, dated request to the executor asking for:

• a copy of the will,
• any prenuptial agreement referencing your mother,
• a copy of the inventory or list of estate assets, and
• an accounting or explanation of distributions made.

Send by certified mail (keep the receipt) or another trackable method and keep a copy of your letter. Clear, documented requests help later court filings if needed.

Step 2 — Check with the probate court clerk

Ask the clerk in the county where your mother’s estate is being administered whether the will has been filed and whether an estate case number exists. Probate courts commonly require filing of the will and opening of the estate, and the court file often contains the documents you need.

Step 3 — Request an accounting or file a motion with the court

If the executor refuses to produce documents or to account for their actions, you can ask the probate court to compel the executor to produce records and to provide an accounting. The probate court can order production, remove or surcharge an executor in cases of misconduct, and enforce executorial duties.

Step 4 — Consider legal counsel

If the documents are important to your rights (for example, to determine whether a life estate exists or whether the prenup reduces your share), speak with a Kansas probate attorney. An attorney can:

• draft the written demand,
• file the necessary petition in probate court, and
• evaluate whether to challenge the prenup or the executor’s conduct.

Practical remedies the court can order

• an order compelling the executor to produce the prenup and estate records;
• an order requiring a formal inventory and accounting;
• surcharge (financial liability) against an executor who improperly withholds assets or acts in bad faith; and
• removal of an executor for breach of duty in serious cases.

Helpful hints

• Keep written copies of all communications with the executor and the probate court.
• Ask the probate clerk whether the will has been admitted and whether an estate file number exists — that file may contain the will and related documents.
• Request an inventory and accounting early if you suspect assets are missing or mischaracterized.
• Remember a prenup affects rights between spouses first; whether it reduces your share depends on whether the contested assets were actually part of your mother’s estate at death.
• If you plan to challenge a prenup, act promptly. Time limits and evidentiary burdens apply and memories and records fade.
• Do not destroy or alter estate documents. Preserve originals and copies you already hold.
• Consider mediation or a negotiated solution if family relationships make litigation undesirable.