Short answer

Yes — a valid prenuptial (premarital) agreement can change what property a surviving spouse can claim and therefore can indirectly affect life estate arrangements or the size of your inheritance. But whether it actually does depends on (1) what the prenup says, (2) how title and any life‑estate instrument were created (deed or will), and (3) whether the prenup was properly executed and not later invalidated. If the executor refuses to provide the agreement, you may ask the executor in writing, seek a copy through the probate court, or petition the court to compel disclosure and an accounting.

Detailed answer — how prenups, life estates, and inheritances interact in South Carolina

1. What a prenuptial agreement can and can’t do

Prenuptial (premarital) agreements are private contracts between two people made before marriage that typically deal with ownership of property, division of assets if the marriage ends, and sometimes the rights of each spouse on death. In South Carolina, courts will generally enforce a prenup that was knowingly and voluntarily signed and that is not unconscionable or procured by fraud. Because a prenup is a contract, it can:

• define certain assets as separate property (so they won’t be part of the marital estate);
• waive a spouse’s right to a statutory share or to seek certain claims against the other spouse’s estate;
• require the parties to take steps after marriage (for example, signing deeds or other documents) to effect the agreement.

However, a prenup does not automatically change title to real property. If property is in the decedent’s name, whether it becomes part of the probate estate or passes outside probate depends on title (deeds, joint tenancy, beneficiary designations) and the decedent’s estate planning documents.

2. How a life estate fits in

A life estate is an ownership interest that gives someone the right to use or occupy property for the duration of their life; the property then passes to designated remainder beneficiaries. In South Carolina the legal effect of a life estate depends on how and when it was created:

• If the mother created a life estate by deed during her lifetime (conveying a life estate to someone), that deed generally governs property rights regardless of a later claim under a prenup. Property interests created by deed are controlled by property law and recorded instruments.
• If the life estate is created by will, the will’s provisions will govern distribution to beneficiaries, subject to any enforceable rights of a surviving spouse (for example, any statutory elective share or other spouse rights that exist under South Carolina law) and subject to enforcement of valid prenup provisions that waive spouse rights.

Put simply: a prenup can limit a surviving spouse’s ability to claim against the estate, but it cannot undo an already‑recorded deed that granted a life estate. Conversely, if the prenup assigned property to the spouse or required the spouse to accept certain property instead of other testamentary gifts, that can reduce what’s left for remainder beneficiaries.

3. How a prenup can affect a child’s share

If the prenup validly waives the spouse’s rights to certain property or to an elective share, that waiver may leave more property to pass under the will or by intestacy to children and other heirs. Conversely, if the prenup gives the spouse significant property or continued rights, it can reduce the amount that children receive. Because a prenup is negotiated between the spouses, it can change the slice of the family “pie” available to others when the spouse’s property rights are honored.

4. Typical scenarios

• If your mother’s prenup said she would keep certain property as separate and not bequeath it to her spouse, and she followed through (kept title separate), that property likely remains separate and available for her to give to you.
• If the prenup waived the spouse’s testamentary rights or required acceptance of a defined property settlement at death, the spouse may be barred from claiming additional estate property that would otherwise reduce your share.
• If your mother executed a recorded deed granting a life estate to her spouse or to a third party before or after the prenup, the deed usually controls the property interest regardless of later testamentary plans — deeds affect title, prenups affect contract rights between spouses.

5. How South Carolina law plays a role

South Carolina enforces premarital agreements as contracts when they meet legal requirements. For details on statutory language and related probate statutes, you can search the South Carolina Code of Laws on the South Carolina Legislature’s website: https://www.scstatehouse.gov/code.php. For procedural information about probate and estate administration, see the South Carolina Judicial Branch: https://www.sccourts.org. These resources help you locate statutes and court rules that apply to premarital agreements, wills, and fiduciary duties of executors and personal representatives.

6. Short checklist to decide whether the prenup affects your share

1. Find out whether the prenup exists and get the exact written document.
2. Check how the mother owned the property (deed, joint ownership, tenancy, beneficiary designation, life estate deed, or will).
3. Look for any waivers in the prenup of the spouse’s rights at death.
4. Confirm whether the prenup was properly signed and not later revoked or superseded.
5. Ask the executor for inventory and for copies of estate documents (will, deeds, prenup) — if you are an heir or interested person you generally have rights to information in probate administration.

What to do if the executor refuses to provide the prenuptial agreement

1. Make a written, polite request

Start by sending a written request to the executor asking for a copy of the prenup and any estate inventory or accounting. Keep a dated copy of your letter and use certified mail or email with read receipt if possible. State that you are an interested person (beneficiary, potential beneficiary, or heir) and explain why you believe the document is relevant.

2. Review the executor’s disclosure duties

Executors and personal representatives owe fiduciary duties. They typically must provide beneficiaries with information about assets, liabilities, and distributions. If the executor refuses, that may be a breach of fiduciary duty. For procedural steps and forms related to probate in South Carolina, consult the South Carolina Judicial Branch: https://www.sccourts.org.

3. Ask the probate court to compel disclosure

If informal demands fail, you can file a motion or petition in the probate court handling the estate asking the court to order the executor to produce the prenup and to provide an accounting or inventory. The court can compel disclosure, order production of documents, and — if necessary — remove an executor who refuses to perform duties or who harms estate beneficiaries.

4. Consider other legal remedies

• File a petition to compel an accounting or to compel production of estate records in probate court.
• If there’s evidence the executor is hiding documents, you may ask the court for sanctions or removal for breach of fiduciary duty.
• Use formal discovery in any contested probate litigation to seek the prenup.

5. Get help early

Probate rules and deadlines vary. If the estate is large or the prenup issue is central to your inheritance, consult an attorney who handles probate and estate litigation. If you cannot afford an attorney, contact the probate court clerk for guidance about filing a petition as an interested person and look into local legal aid resources.

Helpful hints

• Gather documents: collect deeds, the will, notices from the probate court, and any communications from the executor.
• Act quickly: probate deadlines and statutes of limitations can shorten your ability to challenge actions.
• Document everything: keep copies of written requests and notes of phone calls with the executor.
• Start with the probate court clerk: clerks can explain filing procedures and whether a will has been submitted or an estate opened.
• Don’t rely on oral promises: only signed, written documents (deeds, wills, prenups) control property and contractual rights.
• If you suspect fraud or forgery in a prenup, raise that issue promptly with the court — challenges often require swift action.
• Consider mediation: some disputes over estates and prenuptial enforcement settle in mediation rather than long court fights.