Legal Question in Wills and Trusts in North Carolina

If your father died without a will, then his probate property (assuming that your father lived in NC) would pass to his spouse and children - 1/3 to spouse and 2/3 to children generally if there are 2 or more children. If only one child then the spouse and children split 50-50.

You do not indicate what your father owned, how it was titled and what was or was not a probate asset. If your father and his wife owned land as husband and wife, that would pass automatically outside the will to the wife. Other things, like life insurance or any other beneficiary designated asset, would likewise pass to the designated beneficiary outside of probate.

My advice would be to get a list together of the wife and children and a list of all assets and go pay a probate attorney in the county/state where your father lived prior to his death for a 30 minute consult.

You also do not indicate when your father passed away and if an estate was probated for your father or what debts his estate has. These are all important. If your father has debts, then the heirs cannot inherit property and not pay the bills.