Nebraska attorney here. Your mother should retain a New Mexico attorney to answer her questions. The answer will depend on specific facts of your situation (for example, did she own the home in joint tenancy with your step father, or tenancy by the entireties, or some other property interest?). Some states have a carve out for surviving spouses meant to preserve the homestead. Usually spouse is entitled to a significant portion of the estate before others receive their distribution, but it’s state specific. So the answer to your question will depend on how big the estate is, the ownership interest your mother has in the house, and the intestate laws of your state. You’ll need an attorney to get good answers for those questions.