Q: My mother and step dad had a will. He passed and all was left to my mom. She never got her will probated and it says
after she passes it goes to 2 grandchildren. If she never probated it and has now passed away can it be contested by their children?
A: For a will to be contested, it must first be presented for probate. In Texas, if more than four years have passed since the person's death, the will can be probated simply to pass title. Hire a local probate attorney and probate the will. If someone wants to contest it, claiming the person lacked capacity or was subject to undue influence, they will have to hire an attorney to represent them.
A: This is a fairly common situation. Take the will(s) and death certificate(s) to a probate attorney who can give you some direction. If either passed within the last four years you should be able to probate his or her will. If you are unable to get his will admitted to probate there may be issues with title to your step-dad's community share of the house (assuming they purchased it together during their marriage). These community vs. separate property and intestate (no will) vs. testate (with a will) issues need to be resolved by an attorney with experience sorting out these types of situations.
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