Legal Question in Wills and Trusts in Texas

Re: Probate

Yes, possibly. It is difficult, but not impossible, to probate a lost will. Your first hurdle is to find a witness or two who saw the will, and can confirm that it was completely in his handwriting. Your second hurdle is to find a witness that can testify that your step-mom shredded that particular letter, preferably someone who saw her do it (or she'd be the best witness, if she'll tell the truth). Probably more hurdles too.

So, in a nutshell, it's possible, but not easy. Also, depending upon the property involved and how long your father was married to your stepmother, she may have rights to much of the property regardless of what the letter said.

Please hire an attorney as soon as possible if you're going to pursue this - it won't be a simple matter, and it will probably get harder the longer you wait.

Re: Probate

If the letter was completely in his handwriting it could be considered as a holographic will.

Re: Probate

Possibly.