Can I inherit from my stepmom's estate?

If neither your father or step-mother had wills, you are not legally entitled to any portion of her estate unless she adopted you or intended to adopt you but there was a legal barrier that kept her from doing so. Since your father died first, she inherited his interest and her children will inherit hers.

You can inherit from your father's estate. If you have any siblings, your stepmother would have inherited 1/3 of your father's estate, and you and your siblings would inherit the remaining 2/3. Your stepbrothers have priority over your stepmother's estate. If no one has been appointed personal representative of your father's estate, you should consider filing a petition.

Contact a probate attorney in your area. Depending on the law of your state, step-children are often not "recognized" as children. In all likelihood, when your father passed, your step-mom inherited everything. On her passing, the estate is distributed pursuant to California law (assuming they lived in California). However, if there are any assets with a "payable on death" designation and lists you, you may be able to obtain those.

It is unclear whether or not the houses were your stepmom's prior to your father's death or if she inherited them. If it's inheritance, you should know that your stepmom is entitled to 1/2 of your father's estate while the other half goes through intestate succession to your father's heirs (ie you and any natural siblings). California Probate Code section 100. (a) states: Upon the death of a married person, one-half of the community property belongs to the surviving spouse and the other half belongs to the decedent. For distribution of that 1/2, California Probate Code section 240 states the property shall be divided into as many equal shares as there are living members of the nearest generation of issue then living and deceased members of that generation who leave issue then living......etc. If your father's estate has not yet been divided, contact your local superior court to file a petition to get the intestacy distribution process started. As to your step-mom's estate, if you are not adopted, California Probate Code 6454 states the following requirements must be satisfied for you to inherit as a stepchild: (a) The parent-child relationship began during the person's minority and continued throughout the joint lifetimes of the person and the person's foster parent or stepparent. (b) It is established by clear and convincing evidence that the foster parent or stepparent would have adopted the person but for a legal barrier. Note: If you were adopted by your stepmom then you would inherit the same as your three stepbrothers.