who will get this property?

What is the name of your state (only U.S. law)?

HAWAII, Hi my is Brad and im 21. My Mom and Dad bought a house, but my mom died(1994) before it was payed off. They where never married but there was no WILL that i know of. Everyone from my mothers side says half the house is ours(my sister and I),but it never went through probate. so this is my first question. 1. Do We own hAlf? To make things worse my dad is now maried and im assuming half of his half is his wifes now, or half of all of it if we dont own any. 2. how much does she own? My dad is currently not with her but they are still married and he tells me he will give the house to me.
3. can he WILL me the house without his wifes approval?

The first thing that you need to do is examine the deed(s) to see how the title was held. It might be that your Mom and Dad owned it jointly with right of survivorship. If that was the case, then Dad would become sole owner upon your Mom's death without probate being necessary. If not, consult with a Hawaii attorney about probate for your mother's estate.

If Dad is the sole owenr, he is free to leave his assets to whomever he wishes. However, if the surviving spouse is dissatisfied with the inheritance left to him/her, the surviving spouse can opt to take what is called an "elective share" of the deceased's spouse's estate. My understanding of Hawaii law is that the perecentage of the estate that the surviving spouse can elect to take varies by the length of the marriage.