July, 2010: GET LAWYERS

Just before you start thinking that everything is over, give a call to the Calera, Alabama DUI Lawyers at www.calera-dui-attorney.com/ at (866) 348-2889. They can help you and they are just a call away. They provide your initial consultation completely free and provide you with free information related to your case. It is important that you get in touch with the Attorneys at www.calera-dui-attorney.com/ before it becomes too late. Once you are convicted for a first offense DUI, you may have to pay up to $2,100.00 in fines or you may end up behind bars for a year. So, before it is too late give them a call at (866) 348-2889.

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1. Ask if your Attorney is certified per NHTSA Guidelines to Administer Standardized Field Sobriety Tests.
2. Find out if the Attorney is a member of National College for DUI Defense;
3. Do not consider price alone when selecting your DUI Attorney.

www.calera-dui-attorney.com/ is an experienced Alabama DUI, reckless driving and traffic defense firm that handles DUI and traffic violations cases (including reckless driving, speeding and DUI) statewide and in Calera, Alabama.  www.calera-dui-attorney.com/ attorneys can advise the best course of action, both for Alabama residents and out of state drivers who receive a citation on Calera, Alabama roadways.

Shortly thereafter, his son filed a petition to annul his father’s will and to reopen the succession. The son claimed that his father was illiterate and that the 2005 will was not in the form required for an illiterate person pursuant to article 1579 of the Louisiana Civil Code.

Joe’s 2005 will was not read aloud to him and did not contain an attestation clause which is required by Louisiana Law for an illiterate person. Therefore, whether or not Joe executed a valid will depended on the evidence of his being able to read or not being able to read.

In the trial, evidence was presented that Joe needed assistance to read and interpret simple documents like personal letters or a newspaper. Along with other evidence, the court concluded that Joe could not adequately read the 2005 will. Because the court decided that Joe was illiterate, the 2005 will was declared invalid because it was not executed with the language for someone who could not read. The court ruled in favor of the son, reopened the succession and annulled the Judgment of Possession in favor of the second wife. Joe’s assets were distributed according to the laws of intestacy and not necessarily the way Joe would have wanted

How could this have been avoided? What are the formalities established by Louisiana Law? For persons who can read and write, and are able to do so, the procedures are relatively simple and include signing at the end of the testament and on each separate page in the presence of a notary, who is often an attorney, and two competent witnesses. A separate statement called a Declaration must be signed and it certifies in special language what happened on the day that the will was signed. For example the Declaration would say that the testator read it and declared it was his testament.

Wills for those who cannot read, or are not able to sign have separate formalities that must be followed. The will must be read aloud for those who cannot read, and the witnesses must follow along on written copies, to verify the accuracy of the reading. The Declaration must certify that the will was read to him and he declared it his testament. On the other hand, a person who cannot sign may have one of the witnesses sign on their behalf if the proper modifications are made to the Declaration. This would include people who are mentally fine but physically impaired.

In the event someone wants to make substantive changes to his will, it is recommended that any such changes should be handled by an attorney through the forms of a codicil or revised notarial testament.