Q: My father passed away he had no will my sister lived in the home with him so she says its all belongs to her

A: You have posted your question in the "family law" section. This would be a "probate" matter and you should try posting it there.

A: Unless there is another person's name listed on the deed of the land, your father's estate will need to be probated. If no will existed, default (aka intestate) rules apply. The rules partially depend on the number of surviving relatives. If there were only two surviving children, the division is usually 50%-50% for the two surviving children. This can change if there is a spouse of the deceased, other children, etc. Specific divisions aside, there is realistically no way that your sister will get a 100% in the real estate and cars (possession does not establish a valid legal claim for succession).

Since your sister has taken a rather extreme position, you should contact a probate attorney ASAP. Court intervention will likely be needed to prevent your sister from unlawfully liquidating your father's estate. Note, even if this occurs, if you are a beneficiary, you can pursue legal action to recover your rightful portion of the estate. In short, your sister is wrong, but you should be prepared for a legal battle (which you should be able to win).

A: If your father did not leave a will, his estate passes according to the laws of intestate succession. Basically, his estate will be divided between his children (assuming he was not married). However, the deed to the property will control (for instance, if your sister is on the deed). You should file to be appointed personal representative of the estate, if one has not yet been appointed. You should retain an attorney to help you with this asap.