[CLBS] Heir and homestead exemption - Ch. 7 Bk

[Christopher Hopper]

Hello Listmates: 

Debtor has lived in Dad's home for 5 years. Dad passed away almost 2 years ago intestate. Dad's estate has not been probated; thus the house is still titled in Dad's name. Debtor has two siblings, so there are three heirs total (including Debtor.) Dad had a HELOC on the home, and Debtor has continued to pay it and the taxes. Debtor believes that the siblings will not take the house because they have already taken other assets that had belonged to Dad. 

In chapter 7, does the homestead exemption apply to Debtor's right to inherit the house in which she has resided? Or is the exemption limited to a debtor's residence that is titled in her name? Can Debtor file and claim a homestead exemption on the house? 

It looks like Debtor has to be an "owner." Would Debtor have to receive title in her name through probate to qualify for the exemption? 

55-1001. DEFINITIONS. For purposes of this chapter: 
(1) "Dwelling house" and "mobile home" include manufactured housing. 
(2) "Homestead" means and consists of the dwelling house or the mobile home in which the owner resides or intends to reside, with appurtenant buildings, and the land on which the same are situated and by which the same are surrounded, or improved; or unimproved land owned with the intention of placing a house or mobile home thereon and residing thereon. A mobile home may be exempted under this chapter whether or not it is permanently affixed to the underlying land and whether or not the mobile home is placed upon a lot owned by the mobile home owner. Property included in the homestead must be actually intended or used as a principal home for the owner. 
(3) "Net value" means market value less all liens and encumbrances. 
(4) "Owner" includes, but is not limited to, a purchaser under a deed of trust, mortgage, or contract, or a person who takes the subject property under a life estate. 

"[B]ut is not limited to" ...; we'd appreciate your take. Thanks. 

Chris