I am sorry for your loss. I am a California attorney so my answer is based on my knowledge of California probate and estate laws. However, I will try to give you a general answer.
I am assuming you are saying that no will has been filed. Assuming no will has been filed then typically the laws of intestacy take over. That is the laws for when there is no will. Who takes, in that case, depends on what family members are alive and if your dad was married when he died. For example, in California if he was married his wife would be entitled to a percentage of the estate. It would be different for community and separate property and also vary depending on if dad had one child or no children.
On the other hand if your dad had a will then that would speak as to what you get. Assuming there was no undue influence, fraud, mistake, etc... in making the will then it would be a valid legal document. Likewise, if your dad had life insurance or retirement death benefits then the named beneficiary on those assets would receive them.
I hope this helps. In short, it's impossible to answer your questions specifically without a lot more information!
Good luck to you.
Answered on Dec 07th, 2011 at 4:34 PM