Detailed Answer

Short answer: In New Hampshire, a valid prenuptial (premarital) agreement can change how property and spousal rights are handled at death, and it may affect life-estate provisions or the size of an heir’s share — but whether it actually changes your inheritance depends on how the life estate was created, the wording of the agreement, and whether the agreement meets legal formalities. If an executor refuses to provide the agreement or related estate records, New Hampshire probate procedures give beneficiaries tools to demand documents and, if necessary, to ask the probate court to compel compliance or take other remedial actions.

How prenuptial agreements generally interact with property and estate rights in New Hampshire

Prenuptial (premarital) agreements are contracts made before marriage that commonly address division of property, rights at death, and waivers of spousal claims. Courts in New Hampshire will generally enforce a premarital agreement that was validly executed, unless enforcement would be unfair for reasons like fraud, duress, or lack of adequate disclosure.

Key points to understand:

• Property allocation: A premarital agreement can define what property a spouse owns separately, what is marital property, and how property will be divided on divorce or death.
• Waivers of spousal rights: The agreement can include a waiver of the surviving spouse’s rights to an intestate share or an elective (statutory) share, if any such statutory rights exist and the waiver is validly made.
• Formalities matter: To be enforceable, the agreement must meet contract and execution rules — typically it must be in writing, signed by both parties, and entered into voluntarily with appropriate disclosure (or an informed waiver of disclosure).
• Limits to effect: A premarital agreement cannot change certain public-policy protections (for example, some child-support obligations cannot be waived), and a later will or deed might interact with rights created by the agreement.

Life estates vs. prenuptial agreements — which governs?

Understanding who wins when a life estate and a premarital agreement both exist requires looking at how the life estate was created and what the agreement says:

• If the life estate is created by deed or recorded instrument during the decedent’s lifetime, the life estate is a present property interest that generally stands unless the instrument or the underlying property title changes. A premarital agreement can affect how ownership and future interests are treated between spouses, but it cannot retroactively rewrite a properly created recorded property interest without the parties’ agreement.
• If the life estate is created by the decedent’s will, the effect of a premarital agreement depends on whether the agreement waived the surviving spouse’s testamentary rights or rights to contest the will. A valid waiver could prevent a spouse from claiming an elective share or from successfully challenging a will, but the exact result depends on the language of the agreement and applicable law.
• Elective or statutory shares: Some states provide surviving spouses a statutory right to a portion of the estate (an elective share). A valid premarital waiver can eliminate that right if it was executed properly and complies with the governing law. Whether New Hampshire has a specific elective-share statute and how it applies should be confirmed in the RSA or with the probate court (see links below).

Examples (hypothetical facts to illustrate)

1) Mother recorded a deed during her life granting her spouse a life estate in her house. A premarital agreement signed years earlier stated each spouse will keep their own premarital property but did not mention that house. The recorded life estate would control the house interest; the prenup might not defeat a properly created life estate unless the parties intended otherwise and the deed and agreement are read together to show a contrary intent.

2) Mother signed a valid premarital agreement expressly waiving the spouse’s right to any portion of her estate. Later her will grants a life estate in the residence to the spouse and the remainder to you. If the waiver was clear and enforceable, the surviving spouse’s claimed right to take an elective share instead of the testamentary life estate could be limited by the waiver.

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

Executors and personal representatives are fiduciaries with duties to heirs and beneficiaries. If an executor refuses to provide requested documents, try these steps (order from least to most formal):

1. Ask in writing. Send a polite written demand to the executor requesting a copy of the premarital agreement, the will, and any inventory or accountings. Keep copies of your communication.
2. Request probate records. If the estate has been opened in probate, many basic filings (the will, inventory, petitions) are public or available to interested persons. Contact the probate clerk for the county where the decedent lived. New Hampshire Probate Court information is here: https://www.courts.state.nh.us/probate/.
3. Demand an accounting. Beneficiaries are typically entitled to an accounting of estate administration. If the executor refuses, you can petition the probate court to compel an accounting or to order production of documents.
4. File a petition with probate. You can ask the probate court to: compel the executor to produce documents, order the executor to file accountings, surcharge the executor for harm caused by misconduct, or remove the executor for breach of fiduciary duty. The probate clerk can explain filing procedures and required forms: https://www.courts.state.nh.us/forms/probate/.
5. Consider mediation or an attorney demand letter. A lawyer experienced in probate and estate litigation can send a formal demand, negotiate with the executor, or prepare the petition for probate court.

Practical evidence and documents to collect

• Copy of the death certificate and the decedent’s will (if you have one).
• Any recorded deeds or title documents showing life estates.
• Correspondence with the executor, including written requests and any replies.
• Bank, investment, and retirement account statements if you have access or copies through probate filings.
• Any copy of the premarital agreement (sometimes stored with lawyers, in safety deposit boxes, or recorded).

Statutes and official resources (New Hampshire)

For authoritative information consult New Hampshire state resources:

• New Hampshire Probate Court information and guidance: https://www.courts.state.nh.us/probate/
• New Hampshire Revised Statutes (searchable RSA codes): https://www.gencourt.state.nh.us/rsa/html/ — use this site to look up statutes on wills, probate, fiduciaries, and property or elective-share rules.
• Probate forms and filing instructions: https://www.courts.state.nh.us/forms/probate/

When to consult an attorney

Consult an attorney if:

• The existence, validity, or effect of a premarital agreement is unclear.
• The executor refuses to provide basic estate information or appears to be mismanaging the estate.
• You need to file a petition in probate court to compel document production, an accounting, or removal of the executor.

Helpful Hints

• Ask for documents in writing and keep copies of everything you send and receive.
• Check county probate records early — the will and estate filings often appear there first.
• Recorded deeds (for property life estates) are public and can often be retrieved from the county registry of deeds.
• If a premarital agreement is produced, read it carefully to see whether it specifically mentions life estates, waives testamentary/elective rights, or requires disclosure; those clauses determine impact.
• Be aware of time limits — probate deadlines and statutes of limitation may apply if you plan to challenge actions by the executor.
• If you cannot afford an attorney, ask the probate clerk about low-cost legal aid resources or self-help materials the court provides.

Disclaimer: This article is educational and does not constitute legal advice. For advice about your specific situation, consult a licensed New Hampshire attorney who handles probate and estate matters.