If I have a will prepared in Louisiana and then move to another state, will the will be valid in the new state of residence?

Probably.

States generally accept as valid an out-of-state will so long as the will would be considered valid in the state in which it was drafted. But in some cases it depends on the state, and on the kind of will you have.

For example, many states will recognize handwritten wills — aka holographic, or olographic in Louisiana — but some of them require two witnesses and others require three. A few will accept handwritten wills that have no witnesses’ signatures attached; some won’t accept them at all.

As The Informer has pointed out before, Louisiana’s provision on out-of-state wills is R.S. 9:2401:

“A will executed outside this state in the manner prescribed by the law of the place of its execution or by the law of the testator’s domicile, at the time of its execution shall be deemed to be legally executed and shall have the same force and effect in this state as if executed in the manner prescribed by the laws of this state, provided the will is in writing and subscribed by the testator.”

Louisiana’s law on handwritten wills — Civil Code Article 1575 — defines an olographic testament as “one entirely written, dated, and signed in the handwriting of the testator.”

“Although the date may appear anywhere in the testament, the testator must sign the testament at the end of the testament,” the law reads.

“If anything is written by the testator after his signature, the testament shall not be invalid and such writing may be considered by the court, in its discretion, as part of the testament. The olographic testament is subject to no other requirement as to form. The date is sufficiently indicated if the day, month, and year are reasonably ascertainable from information in the testament, as clarified by extrinsic evidence, if necessary,” it reads.

Also, the law says, any “additions and deletions on the testament may be given effect only if made by the hand of the testator.”

For more information, consult an attorney.

Online: www.findlaw.com; www.legis.la.gov.

DOTD to re-evaluate speed limits on road

Can you tell me why the highway speed on Big Lake Road (La. 384, I think) has not been returned to 55 mph since Hurricane Rita? The stretch between Deatonville and the LNG/Calcasieu Point Road is 45 mph now. Before Rita it was 55.

It is 55 between the Grand Lake Bridge and Deatonville (with the exception of entering the area of “Old Settlement”), but after Deatonville it is 45.

Why?

“The speed limit was reduced in this area when the roadway was resurfaced,” Deidra Druilhet, a state Department of Transportation and Development spokeswoman, wrote in an email.

“Typically the speed limit is reduced 10 mph through the work zone. DOTD will review the speed postings through this area and the areas covered by the resurfacing project and restore all postings to appropriate limits.”

Online: www.dotd.louisiana.gov.

The Informer answers questions from readers each Sunday, Monday and Wednesday. It is researched and written by Andrew Perzo, an American Press staff writer. To ask a question, call 494-4098, press 5 and leave voice mail, or email informer@americanpress.com

(mgnonline.com)