The answer to your question (as with so many questions in law) is: it depends on the facts. You state that your father passed away without a will (presumably in the State of Nevada), which is called intestacy. Chapter 134 of the Nevada Revised Statutes governs intestate succession. If a decedent leaves a surviving spouse, any property held as community property with right of survivorship would vest in the wife. In regards to separate property, where your father left a spouse and child(ren), his separate property estate would have been divided (a) if you are the only child, 1/2 to the spouse and 1/2 to you; and (2) if there was more than one child, 1/3 to the spouse and the remaining 2/3 in equal shares to the children and the lawful issue of any deceased child by right of representation. Under this provision, I presume that your stepmother took title to the real estate and owns the real estate.
As to your rights to take under your stepmother's estate, the first question is whether she has a Will. If she has a Last Will and Testament, her express bequests will control disposition of the property. If she dies without a will (and subject to intestacy also), you would not be entitled to take from her unless you were an adopted child.
Answered on Jan 22nd, 2013 at 1:48 PM