If there are no other heirs, like other children, then your mother and you will probably get the property. Unless he owes a lot of money on the property, in which case the creditors will likely try to get the property. Otherwise, you and your mother are the only logical people to get the property. The deed will be helpful in figuring this all out. You should be able to find a copy of the deed in County auditor's or recorder's office where the restaurant is located. Make a call to the recorder's office and try to find out where a copy of the deed is recorded. Once you have that, you will have a much clearer knowledge of what will happen to the Restaurant.