Can a prenuptial agreement affect a life estate or my share of my mother’s estate in Massachusetts, and what can I do if the executor refuses to provide it?

Short answer: Yes — a valid prenuptial (premarital) agreement can change or waive the surviving spouse’s property rights and that can indirectly change what passes to children or remaindermen. Whether it actually changes your share depends on how the agreement, the deed or will, and Massachusetts law interact. If the executor refuses to provide documents, you have several formal steps you can take in Massachusetts, including written demand, filing a petition in Probate Court for an accounting or production of records, and asking the court to enforce fiduciary duties.

Detailed answer — how prenuptial agreements, life estates, and inheritance interact in Massachusetts

1. What a prenuptial agreement can and cannot do

A prenuptial agreement (often called a premarital agreement) is a contract spouses sign before marriage to set rights to property, support, or estate claims. In Massachusetts, parties can generally use a valid premarital agreement to:

• Specify ownership of separate property and how property will be divided on death or divorce;
• Waive statutory rights the surviving spouse otherwise might have (for example, the right to claim against the estate if the spouse would otherwise be entitled under the will or by intestacy), provided the waiver is enforceable;
• Allocate what happens to property that might otherwise pass through a will, trust, or by intestacy.

However, premarital agreements cannot do everything. They cannot, for example, bind children’s inheritance rights that arise by law for non-waivable statutory protections for minor children (such protections are rare and factual), and they must be executed and enforced under Massachusetts law to be valid.

For Massachusetts guidance on premarital agreements, see the state resource on premarital agreements: https://www.mass.gov/info-details/premarital-agreements and the Massachusetts General Laws (for probate and estate rules) at the Uniform Probate Code chapter: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B.

2. How a prenuptial agreement can affect a life estate

First, differentiate the two documents:

• A prenuptial agreement is a contract between spouses about ownership and rights.
• A life estate is a present property interest that gives a person the right to use property during life, with the property passing to remaindermen at death (often via deed or will).

Ways a prenup can affect a life estate:

• If the prenup effectively waives the surviving spouse’s right to certain property or to receive an elective share, the spouse may not be able to convert a life estate into a larger interest or claim additional value from the estate.
• If the life estate was created by deed or will before or after the marriage, the prenup may confirm or alter which party keeps what interest on death. For example, a prenup could confirm that property titled to one spouse remains that spouse’s separate property and that the other spouse has no right to a remainder interest.
• If the life estate was granted by the decedent to the surviving spouse (e.g., mother grants spouse a life estate in her home but the remainder is to children), the prenup could have required the spouse to accept different property rights instead of that life estate, depending on the agreement’s terms.

Because prenuptial agreements are contractual, their specific language matters. A well-drafted prenup that explicitly addresses the property at issue — naming the asset, describing the life estate or waiver, and allocating remainder interests — will generally control unless a Massachusetts court finds it unenforceable for reasons such as fraud, duress, lack of capacity, or unconscionability.

3. Interaction with wills, deeds, and intestacy

Two practical points:

• If your mother’s will attempts to give you a remainder but the surviving spouse had a valid prenup that changed the spouse’s interest, the prenup can prevail as to the spouse’s claim; what remains for you depends on how the prenup and will interact.
• Real property creating a life estate by deed may have been recorded; recorded deeds and title interests can affect third parties and often control actual property disposition. If the life estate is created in a deed, the deed’s terms plus the prenup determine actual ownership interests. You may need a title search or certified copy of the deed to confirm the recorded interests.

4. When the prenup is invalid or unenforceable

Massachusetts courts can refuse to enforce a prenup if:

• The agreement was procured by fraud, duress, or coercion;
• One party lacked capacity to execute the agreement;
• The agreement was unconscionable when executed or was executed without sufficient disclosure of assets and no independent counsel was present (courts look at fairness and full disclosure); or
• Other statutory or equitable defects exist.

5. What you should collect and check to evaluate your likely share

1. Copies of the will, any codicils, and the death certificate.
2. Copies of any deeds, recorded life-estate instruments, or recorded transfer-on-death conveyance affecting the property.
3. Any prenuptial agreement, postnuptial agreement, or marital settlement agreement.
4. Accountings, inventories, or any estate documents filed in Probate Court (petitions for probate, letters of authority, inventories, and accounts).

What to do if the executor (personal representative) refuses to provide the prenup or estate documents

Executors (personal representatives) owe fiduciary duties to the estate and the estate’s interested persons. In Massachusetts you can take the following steps if an executor refuses to provide documents:

1. Make a written request

Send a clear, dated written demand to the executor identifying the documents you want (the prenup, will, deed, accounting). Keep a copy and proof of delivery. This creates a record that you asked for the documents.

2. Review Probate Court filings

Check with the local Probate and Family Court where the estate is being administered to see what has been filed: the petition for probate, letters of personal representative, inventory, or accountings. The Probate Court docket often shows which documents are on file. You can contact the Probate Court clerk or review public files online where available. Massachusetts probate and estate rules are in the state statutes and court rules (see: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B and local Probate Court resources at https://www.mass.gov/orgs/probate-and-family-court).

3. File a petition in Probate Court

If the executor still refuses, you can file a petition in the Probate and Family Court requesting relief. Typical requests include:

• A petition to compel production of estate records (accountings, inventory, and documents);
• A petition for an accounting (require the personal representative to file a formal account showing assets, receipts, distributions, and fees);
• A petition to remove the personal representative for breach of fiduciary duty, if wrongdoing or gross neglect is alleged.

Massachusetts Probate Courts supervise fiduciaries and have authority to order production, impose sanctions, and remove an executor where appropriate.

4. Seek limited discovery or subpoena

In some cases you can ask the court to permit limited discovery or to issue a subpoena to collect a prenuptial agreement or related documents from the executor or from third parties (e.g., an attorney who drafted the prenup).

5. Consider mediation or negotiation

If relationships allow, a lawyer can demand the documents and negotiate directly. Mediation or a neutral accountant can sometimes resolve disputes more quickly and less expensively than litigation.

6. When to hire an attorney

If documents are withheld, assets are being mismanaged, or you suspect fraud or concealment, consult a probate attorney. An attorney can draft formal demands, file petitions in Probate Court, and represent your interests in court. If you cannot afford counsel, the Probate Court clerk can sometimes explain procedures for filing petitions yourself; legal aid groups may be available for low-income persons.

Practical examples (hypotheticals)

Example 1 — Prenup waives spouse’s elective share: If the mother and her spouse signed a prenup in which the spouse waived any claim to the mother’s separate property and any elective share of her estate, the spouse may have no claim to the remainder interest. You as child and remainderman could inherit under the will or deed, subject to verification of the prenup’s validity.

Example 2 — Life estate deed recorded, prenup silent: If the mother deeded a life estate to her spouse in the home and recorded the deed, and the prenup made no mention of that deed, the recorded life estate will typically remain effective. The remainder interest could still belong to you, and the prenup may not change that unless it explicitly covered that property interest.

Example 3 — Executor hides prenup: If the executor refuses to produce a prenup but has filed only a limited inventory, you can petition the Probate Court to compel production and to order a full accounting. The court may require the executor to explain and produce the agreement for the court’s review.

Helpful hints

• Ask for everything in writing. Written requests create a record you can use in court.
• Search public records for deeds. Recorded deeds showing life estates are public and may be accessed through the county registry of deeds.
• Check the Probate Court docket early. Many estate disputes are clarified by what was filed in probate.
• Preserve evidence. Keep copies of correspondence, notices, and any documents you receive.
• Act promptly. Some rights may expire with time or because of distributions already made by the executor.
• Consider an attorney early if you suspect fraud or secrecy. Courts can remove an executor and can order surcharges or restitution when fiduciaries breach duties.
• Understand that a prenuptial agreement’s enforceability depends on timing, disclosure, and fairness at signing, and Massachusetts courts will examine these factors.

Resources and statutes

• General information on premarital agreements in Massachusetts: https://www.mass.gov/info-details/premarital-agreements
• Massachusetts probate and estate law (Uniform Probate Code chapter): https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B
• Massachusetts Probate and Family Court information and local court contacts: https://www.mass.gov/orgs/probate-and-family-court

Disclaimer: This article provides general information about Massachusetts law and does not constitute legal advice. It is not a substitute for advice from a qualified attorney about your specific situation. If you need help enforcing your rights or obtaining documents from an executor, consult a Massachusetts probate attorney promptly.