Q: Dad died 5 yr ago no will. Sister never left. Wont let us in or sell. Says kids of siblings who died b4 dad dont count
A: I recommend that you meet with a probate attorney in your area because you will need to file a petition either for Probate or for Determination of Succession to Real Property (which petition is needed will be determined by the value of the real property) and you might even have to end up filing a partition action if sister won't agree to sell, but the probate court will need to be involved first. Your sister is incorrect regarding siblings that died before dad - if they died prior and had children at the time of their death, their share is distributed equally among their children.
Gerald Barry Dorfman agrees with this answer
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If your father died without a will or a trust and was unmarried at the time of his death, his estate is distributed to his children in equal shares. If a child per-deceased your father, their issues (decedents) will take the per-deceased child's share. It is, of course, a bit more complicated that that, for example if he was married at the time of death his estate is shared between his wife and his issues, depending on the nature of property (separate or community.) But your sister is incorrect that the "Kids of siblings who died before dad don't count."
You will need to start a probate to get your sister to move or sell the house. Anyone can apply to be the administrator of your father's estate, although it is not an easy or uncomplicated job. If a probate is already open you can ask the court to order the administrator to sell the house and close the estate. (Called a petition for instructions.) You may also be able to surcharge the occupant of the house for rent.
I recommend you speak with a knowledgeable probate attorney as soon as possible, either near by or in the County where your father's residence was. (The probate venue is normally the county of the Decedent's residence at death.) If you do not know where to find an attorney, you should try your local county bar association. Most run lawyer referal programs which match you with a per-screened attorney in your area of need. The attorney will then provide a basic consult for a small or no fee. In my home county, it is $ 35 for a half-hour consultation.
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