Legal Question in Real Estate Law in Pennsylvania

Did your mother divorce the stepfather or enter into any kind of marital settlement agreement?

I don't know where the real property is located, but if there was no divorce or equitable distribution proceeding, then your mother's death abated any proceedings.

How was the land titled? If it was joint between your mother and her husband with a right of survivorship or was owned as a tenancy by the entireties, then it automatically passed to the stepfather as of the moment of death of your mother. In such case it all goes to the stepfather and since he is in a nursing home, when he dies there will probably be a Medicaid lien over it.

However, that will not be your problem.

I suggest that you consult with a probate attorney who practices in the county/state where your mother lived at the time of her death. The attorney needs to see if your mother was still legally married to your stepfather and if there were any marital settlement agreements. If there were not, then your stepfather may be entitled to inherit from your mother unless there is a state statute which precluded this (in some cases abandoning a spouse may be grounds).

You do not indicate what your mother owned or how it was titled. That would stink if the stepfather is going to wind up with everything but your mother should have taken steps to follow through with the divorce or at least made a will. If she did not take steps to protect herself then there is not going to be much that can be done if there is no separation agreement or state law does not provide any disinheritance help.