The first question is whether "there was anything left." If the assets were titled jointly, then you are out of luck. If the assets were all titled solely in your father's name, (which would be very unusual), then probate would be required. In that case, if there was a will, it may have left it all to the surviving spouse. If it did not, she would be entitled to "elect against the Will." In all likelihood, she would still be entitled to the bulk of the estate. Check the public records to see how the house was titled. If it was joint, then you will have your answer. The spouse would not legally have been able to access any of the assets, if they were not jointly titled or she was not designated as beneficiary.
Answered on Dec 17th, 2013 at 2:28 PM