Legal Question in Wills and Trusts in Pennsylvania

Your question does not provide all of the information needed to provide an accurate answer. I assume the deceased child died after your father died. I would want to look at your father's Will and the Deed to the five children. Did they take title with right of survivorship or merely as tenants in common? If the deceased child died after your father died, which it sounds like from your question, and the Deed simply gave title to the 5 children as tenants in common, then the deceased child's interest would pass according to her Will or if she had no Will, then according to the intestate laws, in which case her husband might inherit her interest. If the Deed provided that the 5 children took title with right of survivorship, then the deceased child's share would pass to the surviving children.

As noted by Attorney Bellisario, you do not provide the relevant details. You need to take your father's will, sister's will, if any, and the most recent deed to the property to a probate attorney and pay him or her to review the documents for you.

If there is a deed and it conveyed the land to the children while your father was alive, did it convey the land as joint tenants with right of survivorship or tenants in common? Look at the deed and see who is listed as a grantee. Unless there is magic language indicating that the grantee's take the property as joint tenants with right of survivorship or words to that effect, then its a tenancy in common. If a tenancy in common, then your sister's share passed to her husband and children; if a joint tenancy with right of survivorship then the land passed to the other surviving children.

If the property was transferred by will, review the will. Did your sister die before your father or after? What, if anything did the will say about survivorship? What did it say about a beneficiary who died before your father? If your sister died before your father and the will provides that her share passes to the other surviving children, then the husband and children of the deceased sister do not inherit. If the will is silent and the sister died after the father, then her share of the land will pass to her husband and children as per her will or the intestacy laws, so the 4 surivivng children have 4/5ths and the husband and children of the deceased sister have 1/5th.

If there is no will and the sister died after the father, then her husband and children will again inherit under her will or the intestacy laws.

The only caveat here is if the sister made a will specifically providing that her interest in this property she inherited from your father would pass to her siblings, then her husband and children would not get a share of the land.

Again see an attorney or else try re-posting your question with the relevant details.