the person in ? died in Texas and has property there and arkansas also there is an older will but the handwritten will refutes the first done by a lawyer
The answer is not clear based on your facts. You can either have a holographic Will (which is what is sounds like the intent was), or an attested Will, which would normally require 2 witnesses. It is not clear if you had two witnesses or not. If not, it might not nullify the holographic Will to have a witness, but having a witness is not required. I would have this reviewed by a lawyer to determine what the effect of the document is.
You are almost certainly going to have this Will challenged, if it cuts off beneficiaries/devisees from the first Will. Since you will need to have a lawyer assist you in defending the Will, you might as well meet someone now, to help figure out where you stand.
*** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.
Estate Planning Attorney
I agree with attorney Frederick.
This type of situation is almost always contested-so you might has well hire attorney to advise and represent you.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.
Estate Planning Attorney
You would be best-served by talking to a Texas licensed attorney. Some states recognize holgraphic wills (hand written) if they are attested to (witnessed). Usually two disinterested witnesses are required. In certain situations, in some states, the holographic will doesn't need to be witnessed (for example, in Maryland if its a soldier in combat, and then there are still limitations). Because of the variations state by state it's important to focus on what the law is in Texas.
2 lawyers agree