The answer to this question depends on the language of the deed to the property. If your mother and your step-father had taken title to the property as ?husband and wife as tenants by the entirety, when your mother died your step-father became the sole owner of the property with no right of inheritance to you and/or your brother. If, on the other hand, they had taken title to the property as tenants in common, your step-father would be entitled to one-half the net proceeds of the sale and you and your brother would be entitled to inherit your mother's share, assuming she provided for that in her will. If she had no will when she passed, or if she did have a will but made no bequest to you and/or your brother, you need to talk with a lawyer about the process of filing a probate action to perfect your interests in the property.
Answered on Oct 19th, 2017 at 5:10 PM