Legal Question in Wills and Trusts in Pennsylvania

Wills can be changed at any time before the moment of death. If your mother died in 1996, then her will will govern the disposition of her property.

If your father made a new will and then died in 2011, then the assets will pass as per his new will, assuming that it is valid. Since I have not seen the document, I cannot comment on it. I also do not know where he lived at the time of his death so I do not know if PA or some other state's law applies.

Generally, a parent does not have to leave anything to a child if he or she chooses not to do so. That said, it would depend on the circumstances. There may be grounds for challenging your father's new will, such as fraud or undue influence. If you have evidence to suggest that it might exist (like where a will is made on your father's deathbed at the girlfriend's insistence where your father was hallucinating) then you should bring what is called a caveat and challenge his will. If the new will is thrown out, it will not revive the old will. Instead, your father would be treated as if he died without a will and the property would pass to your and your siblings.

What I would do is obtain a copy of your father's new will. Estate files are public records meaning anyone can see it. Go to the county/state where he lived at the time of his death. Although you indicate he died this year, you do not state when exactly he passed. Wait at least 30 days before you check the estate file. If the girlfriend still has not probated the will after 60 days, she can be compelled to produce the will if it exists. However, if it leaves everything to her, I do not know why she would delay.

Take the new will to a probate attorney and have it reviewed. You can then be better advised of your rights and the likelihood of success of a caveat. An iimportant factor in your decision is going to be a cost benefit analysis. Litigation, any litigation, can be very expensive. You will have to decide whether your father has sufficient probate assets to justify bringing a caveat. Of course, if your father had a significant chunk of his assets in things like IRAs, life insurance or other beneficiary-designated assets, which he left to the girlfriend, then you will have a hard time overturning that unless you can prove fraud, forgery, mental incapacity or undue influence. Good luck.