Can a prenuptial agreement affect a life estate or my share of a parent’s estate in Wyoming?

Short answer: Yes — in Wyoming a valid prenuptial (premarital) agreement can change how property is treated during marriage and at death, and it can limit or eliminate a surviving spouse’s marital or inheritance rights that otherwise might affect your share. If an executor refuses to provide a copy of the agreement, you have steps you can take to force disclosure through the probate court.

Detailed answer — how prenups, life estates, and inheritance interact in Wyoming

What a prenuptial (premarital) agreement is and what it can do

A premarital agreement is a contract two people sign before marriage that typically allocates ownership of assets, divides property on divorce, and can waive or limit rights at death. In Wyoming, courts will generally enforce a premarital agreement that was properly executed and not unconscionable, fraudulent, or signed under duress. A valid agreement can:

• Declare certain property to be separate property (kept outside marital property).
• Waive a spouse’s right to an elective share, spousal allowance, or other marital entitlements.
• Control who owns property at death by specifying inheritance rights or limiting the spouse’s claims.

Because a premarital agreement can change a spouse’s rights to property and inheritance, it can indirectly affect life estate arrangements and what remainder beneficiaries (for example, children) ultimately receive.

How a premarital agreement can affect a life estate

There are a few common ways the prenup can change or override life estate expectations:

• If the agreement makes certain real property the separate property of the spouse who created the life estate, the testator’s ability to give that property away or to create a life estate may be limited by the prenup.
• If the prenup contains a waiver of inheritance or an express allocation of who gets what on death, the surviving spouse may have waived rights that would otherwise allow them to keep possession or income from property (including life estates).
• If the will purports to create a life estate but the premarital agreement or deed already changed ownership, the premarital agreement may control.

Put simply: whether the prenup affects your share depends on the language of the prenup, the language of any deeds or wills that create a life estate, and whether the agreement was validly executed and enforceable.

When a prenup might not control

A prenup will not be enforced if a court finds it invalid for reasons such as inadequate disclosure of assets, fraud, coercion, or unconscionability at the time it was signed. Also, some narrowly drafted wills or deeds that plainly and separately create a life estate for a spouse may present competing documents the court must reconcile.

Relevant Wyoming law and where to look

Wyoming laws cover premarital agreements within the state statutes on domestic relations and probate matters are governed by Wyoming’s probate statutes and court rules. For the statutory text and to check current language, see the Wyoming Legislature’s statutes pages for Title 20 (Domestic Relations) and the probate sections: https://wyoleg.gov/statutes/compress/title20.pdf and https://wyoleg.gov/statutes/compress/title2.pdf. For practical probate procedure and forms, visit the Wyoming Judicial Branch site: https://www.courts.state.wy.us/

What to do if the executor refuses to provide a copy of the prenup

An executor (personal representative) owes duties of disclosure to beneficiaries and interested persons. If the executor refuses to produce a premarital agreement or other documents you reasonably need to determine your rights, take these steps:

1. Ask in writing. Send a polite but firm written request to the executor asking for a copy of the prenup and any estate planning documents (will, trust, deed, inventory). Keep a copy and proof of delivery.
2. Check probate filings. If the estate is in probate, many filings become part of the court record. Contact the probate clerk in the county where probate is open and ask what has been filed and whether documents are available for inspection. The Wyoming courts website (https://www.courts.state.wy.us/) can help locate the right clerk.
3. Request an accounting or inventory. Beneficiaries and interested persons often have a right to an inventory or an accounting of estate assets. Ask the executor to file or provide these documents if they have not already done so.
4. File a motion in probate court. If the executor still refuses, you can ask the probate court to compel production of the document. Typical remedies include an order to produce documents, an order for the executor to file a formal accounting, or removal of the executor for breach of duty if justified.
5. Consider subpoenas or discovery. In contested matters, the court can authorize subpoenas or discovery requests to obtain signed agreements and related records.
6. Get a lawyer. If the executor resists or the matter is complex (e.g., suspected fraud), consult a Wyoming probate or estate litigation attorney promptly. An attorney can draft the right motions, subpoenas, and, if needed, file a claim to remove or surcharge the executor.

Practical outcomes you might see

• If the prenup is produced and is valid, the court will typically enforce it and any rights the surviving spouse waived will be denied, which may preserve or increase your remainder interest.
• If the prenup is challenged and a court finds it invalid, the surviving spouse may regain statutory rights (elective share or statutory allowances), which could reduce the remainder beneficiaries’ shares.
• If the executor improperly withholds documents and a court sanctions that behavior, you may gain both the documents and possible remedies against the executor (removal, surcharge, costs).

Helpful Hints

• Collect everything you already have: deeds, wills, trust documents, correspondence, and any drafts you might have seen.
• Ask the executor for an inventory and accounting in writing before escalating to the court.
• Contact the county probate clerk to learn what has been filed and to request public documents from the court record.
• Keep written records of every communication with the executor and other interested parties.
• Act promptly. Some estate deadlines and limits on will contests or claims run quickly after probate begins.
• If you suspect the prenup was signed under duress, without fair disclosure, or misrepresentation, consult a lawyer experienced in Wyoming probate and family law right away.
• Remember that state statutes and court procedures change. Use official Wyoming Legislature and Wyoming Courts websites for up-to-date forms and rules: https://wyoleg.gov/ and https://www.courts.state.wy.us/

Disclaimer: This article explains general Wyoming law and common steps people take when a premarital agreement may affect inheritance or life estates. It is educational only and not legal advice. For advice about your specific situation, consult a licensed Wyoming attorney who can review the documents and facts and represent your interests in probate court.