# Re-probating a house past the last probate? **URL:** \ **Category:** Factual Questions\ **Created:** [April 2, 2013, 10:50pm UTC](https://boards.straightdope.com/t/re-probating-a-house-past-the-last-probate/654675 "2013-04-02T22:50:33Z")\ **Posts on this page:** 18\ **Page:** 1
**Author:** ![grude](https://avatars.discourse-cdn.com/v4/letter/g/e47774/32.png) [@grude](https://boards.straightdope.com/u/grude)\ **Post date:** [April 2, 2013, 10:50pm UTC](https://boards.straightdope.com/t/re-probating-a-house-past-the-last-probate/654675/1 "2013-04-02T22:50:33Z")
I have tried finding a quick answer on this and failed. A house was owned by a husband and wife, only husband on the deed. Wife dies around 25 years ago, unknown what occurred no will house apparently remained in husband’s name. Husband died a decade ago, house was probated and is currently owned in deed to his two children 50/50. Would it be needed or even possible to go back and do a probate now on the deceased wife’s share, which is apparently now of vital importance? :dubious: ---
**Author:** ![Robb](https://avatars.discourse-cdn.com/v4/letter/r/a183cd/32.png) [@Robb](https://boards.straightdope.com/u/Robb)\ **Post date:** [April 2, 2013, 11:10pm UTC](https://boards.straightdope.com/t/re-probating-a-house-past-the-last-probate/654675/2 "2013-04-02T23:10:12Z")
At a minimum, this question requires knowing in which state the property is. ---
**Author:** ![grude](https://avatars.discourse-cdn.com/v4/letter/g/e47774/32.png) [@grude](https://boards.straightdope.com/u/grude)\ **Post date:** [April 2, 2013, 11:28pm UTC](https://boards.straightdope.com/t/re-probating-a-house-past-the-last-probate/654675/3 "2013-04-02T23:28:58Z")
> [@Robb](#): > > At a minimum, this question requires knowing in which state the property is. Gah I am sorry I forgot to include the fact the house is in Texas. Also forgot to add husband left a will, specifying inheritors and portion to each along with preferred executor and it was uncontested. ---
**Author:** ![Robb](https://avatars.discourse-cdn.com/v4/letter/r/a183cd/32.png) [@Robb](https://boards.straightdope.com/u/Robb)\ **Post date:** [April 2, 2013, 11:41pm UTC](https://boards.straightdope.com/t/re-probating-a-house-past-the-last-probate/654675/4 "2013-04-02T23:41:25Z")
You would likely find that the two current owners are unshakeably the current owners. Texas allows a three-year period to adversely possess real property under color of title. Even if there was some mistake ten years ago, recording a deed in the name of the current owners started a countdown to prevent anyone from raising an objection. If this is a question of some value, you won’t be able to get a quick answer, and the only answer you should rely on would be from an attorney licensed in Texas who also focuseson real property law. ---
**Author:** ![Earl\_Snake-Hips\_Tucker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/earl_snake-hips_tucker/32/3269_2.png) [@Earl\_Snake-Hips\_Tucker](https://boards.straightdope.com/u/Earl_Snake-Hips_Tucker)\ **Post date:** [April 2, 2013, 11:58pm UTC](https://boards.straightdope.com/t/re-probating-a-house-past-the-last-probate/654675/5 "2013-04-02T23:58:24Z")
You say that the wife died 25 years ago with no will? I don’t know what the laws of intestate succession are in Texas, but where I am, in that case, the surviving spouse would receive a one-half share, and the remaining one-half divided equally among the decedent’s children–assuming she had any. It’s not obvious from the OP that the two children in question belong to the deceased wife, nor whether she might have had any other children from some other prior marriage or relationship. ---
**Author:** ![grude](https://avatars.discourse-cdn.com/v4/letter/g/e47774/32.png) [@grude](https://boards.straightdope.com/u/grude)\ **Post date:** [April 3, 2013, 12:03am UTC](https://boards.straightdope.com/t/re-probating-a-house-past-the-last-probate/654675/6 "2013-04-03T00:03:05Z")
> [@Earl\_Snake-Hips\_Tucker](#): > > You say that the wife died 25 years ago with no will? I don’t know what the laws of intestate succession are in Texas, but where I am, in that case, the surviving spouse would receive a one-half share, and the remaining one-half divided equally among the decedent’s children–assuming she had any. It’s not obvious from the OP that the two children in question belong to the deceased wife, nor whether she might have had any other children from some other prior marriage or relationship. They were the biological children of the wife, not the husband but were legally adopted by him. ---
**Author:** ![grude](https://avatars.discourse-cdn.com/v4/letter/g/e47774/32.png) [@grude](https://boards.straightdope.com/u/grude)\ **Post date:** [April 3, 2013, 12:12am UTC](https://boards.straightdope.com/t/re-probating-a-house-past-the-last-probate/654675/7 "2013-04-03T00:12:55Z")
Damn timeout. No other children known for either wife or husband, aside from the two current owners. ---
**Author:** ![elbows](https://avatars.discourse-cdn.com/v4/letter/e/b3f665/32.png) [@elbows](https://boards.straightdope.com/u/elbows)\ **Post date:** [April 3, 2013, 12:31am UTC](https://boards.straightdope.com/t/re-probating-a-house-past-the-last-probate/654675/8 "2013-04-03T00:31:54Z")
This is really not the kind of thing to seek answers about on the Internet, pretty clearly. Sounds like you need facts, as in, a definitive answer, in order to take any ‘next step’. Get a lawyer who specializes in real estate, and practices in Texas. Everything else is just conjecture. I don’t see how that’s going to be helpful in the least! If everybody signed off on it, ten years ago, what grounds would you use to have it undone or redone? They are surely going to need a compelling reason, I should think. Otherwise wouldn’t everybody be going back and redoing things, that they’ve second guessed in the fullness of time. (It would be awesome to be able to go back and redo things that happened ten years ago though. I’m sure we’d all like a little of that!) ---
**Author:** ![Earl\_Snake-Hips\_Tucker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/earl_snake-hips_tucker/32/3269_2.png) [@Earl\_Snake-Hips\_Tucker](https://boards.straightdope.com/u/Earl_Snake-Hips_Tucker)\ **Post date:** [April 3, 2013, 12:46am UTC](https://boards.straightdope.com/t/re-probating-a-house-past-the-last-probate/654675/9 "2013-04-03T00:46:04Z")
Anyway, it sounds like the two likely heirs ended up with it as you’d kinda expect. ---
**Author:** ![grude](https://avatars.discourse-cdn.com/v4/letter/g/e47774/32.png) [@grude](https://boards.straightdope.com/u/grude)\ **Post date:** [April 3, 2013, 1:18am UTC](https://boards.straightdope.com/t/re-probating-a-house-past-the-last-probate/654675/10 "2013-04-03T01:18:18Z")
> [@elbows](#): > > This is really not the kind of thing to seek answers about on the Internet, pretty clearly. > > Sounds like you need facts, as in, a definitive answer, in order to take any ‘next step’. > > Get a lawyer who specializes in real estate, and practices in Texas. Everything else is just conjecture. I don’t see how that’s going to be helpful in the least! > > If everybody signed off on it, ten years ago, what grounds would you use to have it undone or redone? They are surely going to need a compelling reason, I should think. Otherwise wouldn’t everybody be going back and redoing things, that they’ve second guessed in the fullness of time. (It would be awesome to be able to go back and redo things that happened ten years ago though. I’m sure we’d all like a little of that!) I understand fully and a professional attorney in the state has been hired to take care of it. But while he has documents I’m not going to be able to speak with him until he reviews them. I was told this had to be done by one of the 50% owners in order to sell the house, I was just curious if it even passed the possible test. I’m impatient. 🙂 ---
**Author:** ![Alley\_Dweller](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alley_dweller/32/430_2.png) [@Alley\_Dweller](https://boards.straightdope.com/u/Alley_Dweller)\ **Post date:** [April 3, 2013, 1:53am UTC](https://boards.straightdope.com/t/re-probating-a-house-past-the-last-probate/654675/11 "2013-04-03T01:53:21Z")
> [@grude](#): > > A house was owned by a husband and wife, only husband on the deed. Before we go any further, could you explain what you mean by the “house was owned by a husband and wife” when only the husband was on the deed? I note that Texas is a community property state. I am not intimately familiar with the intricacies of community property, but a pertinent question might be whether this house was part of the community and, if so, why was only one name on the deed? ---
**Author:** ![grude](https://avatars.discourse-cdn.com/v4/letter/g/e47774/32.png) [@grude](https://boards.straightdope.com/u/grude)\ **Post date:** [April 3, 2013, 4:29am UTC](https://boards.straightdope.com/t/re-probating-a-house-past-the-last-probate/654675/12 "2013-04-03T04:29:47Z")
> [@Alley\_Dweller](#): > > Before we go any further, could you explain what you mean by the “house was owned by a husband and wife” when only the husband was on the deed? > > I note that Texas is a community property state. I am not intimately familiar with the intricacies of community property, but a pertinent question might be whether this house was part of the community and, if so, why was only one name on the deed? I’ll admit I am not sure if that is technically true or not, with my context below: On several homes I know of purchased in Texas in the 70s-80s although only the husband’s name is on the deed, real estate lawyers and others claim they are jointly owned. 😕 My own parents jointly purchased a house in 1977 in Texas, the deed says John Smith, my mothers name is nowhere on it but when I recently inquired about probate I was told it is jointly owned, at the time they just didn’t put the wife on the deed. I honestly don’t know. So it is a house owned by a man, but considered joint property? [http://www.houstonpremarital.com/property.html](http://www.houstonpremarital.com/property.html) ---
**Author:** ![Robb](https://avatars.discourse-cdn.com/v4/letter/r/a183cd/32.png) [@Robb](https://boards.straightdope.com/u/Robb)\ **Post date:** [April 3, 2013, 1:19pm UTC](https://boards.straightdope.com/t/re-probating-a-house-past-the-last-probate/654675/13 "2013-04-03T13:19:53Z")
**grude** , did you parents’ deed read John Smith et ux? ---
**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\ **Post date:** [April 3, 2013, 4:12pm UTC](https://boards.straightdope.com/t/re-probating-a-house-past-the-last-probate/654675/14 "2013-04-03T16:12:01Z")
When did Texas become a community property state? > [@](#): > > Since 1987 spouses have been able to agree in writing that all or any part of their community property will belong to the survivor of them. Prior to 1913, and in large measure from 1929 to 1968, management of community property was vested in the husband. Since 1967 management of community property is clearly divided between the spouses according to its source This [http://www.frieslandlaw.com/Docs/EP9.pdf](http://www.frieslandlaw.com/Docs/EP9.pdf) Seems to say that the real estate “community property” goes 100% to the spouse if the children are children of both. If the husband had adopted them, presumably that gave them the same status as natural children, so I would guess case B applies and the estate as settled on the wife’s death is correct. ---
**Author:** ![Robb](https://avatars.discourse-cdn.com/v4/letter/r/a183cd/32.png) [@Robb](https://boards.straightdope.com/u/Robb)\ **Post date:** [April 3, 2013, 6:22pm UTC](https://boards.straightdope.com/t/re-probating-a-house-past-the-last-probate/654675/15 "2013-04-03T18:22:06Z")
> [@md2000](#): > > When did Texas become a community property state? March 2, 1836. Community property started when Texas was a colony of Spain. ---
**Author:** ![Quartz](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/quartz/32/267_2.png) [@Quartz](https://boards.straightdope.com/u/Quartz)\ **Post date:** [April 4, 2013, 6:40am UTC](https://boards.straightdope.com/t/re-probating-a-house-past-the-last-probate/654675/16 "2013-04-04T06:40:08Z")
> [@grude](#): > > Would it be needed or even possible to go back and do a probate now on the deceased wife’s share, which is apparently now of vital importance? Here in the U.K., once probate is done, it’s done, generally speaking. If there was no will, then everything will have gone to the husband. If she had been left things in trust for her children (e.g. by her own parents) then that would have been handled at the time. ---
**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\ **Post date:** [April 4, 2013, 4:17pm UTC](https://boards.straightdope.com/t/re-probating-a-house-past-the-last-probate/654675/17 "2013-04-04T16:17:49Z")
Yes, in most situations a will once settled, like a court case, is finished. (I suppose absent evidence of fraud, etc.) There must be a time period to appeal or contest, then it’s set in stone. For precisely the reason cited - nobody wants to re-open decades-old legal issues where many of the parties are gone or have forgotten the details. Nobody wants a title to be as fragile as the next sharp lawyer. The whole system would fall apart if you buy a property in good faith, (or loan against it) only to have it yanked out from under you. Note the link I posted has a number of situations, but in general - one way or another, the family home goes to the surviving spouse as either a life lease or as full title. Nobody wants to toss a widow out on the street at 80. the situation is interesting and addresses to some extent a question a friend of mine had. he and his new wife bought a home. he has 2 kids so does she. Whoever dies first the other one gets full title and the first one’s kids get nothing. Mind you, this is intestate rules. With a will you can do (almost) anything. ---
**Author:** ![Robb](https://avatars.discourse-cdn.com/v4/letter/r/a183cd/32.png) [@Robb](https://boards.straightdope.com/u/Robb)\ **Post date:** [April 4, 2013, 6:14pm UTC](https://boards.straightdope.com/t/re-probating-a-house-past-the-last-probate/654675/18 "2013-04-04T18:14:47Z")
**md2000** , if your friends are in Texas and each spouse has two children by other people, the Texas rules on intestacy will split the house between the surviving spouse and the two children of the decedent.