Bruce Adrian Last

After working for ten years at The Jellins Group, APLC, a general practice law firm, I moved to Contra Costa County and decided to start my own law practice. My primary practice area is estate planning, probate and trust administration and litigation. However, I also work in the related area of real estate and landlord-tenant law. I received my J.D. from McGeorge School of Law in 2002, graduating Dean’s Honor Roll. San Francisco State University conferred a B.A. in Interdisciplinary Creative Arts in 1998 following my completion of a course focusing on audio-video and multi-media production and design. In addition to operating my own practice, I currently am an attorney editor for Thomson Reuters and volunteer with Contra Costa County Senior Legal Services.

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  Due to a career change, I am not accepting new clients at this time.

California

Since 2004

Attorney/Owner

Bruce Last, Attorney at Law

2014 - Current

Senior Associate

The Jellins Group, APLC

2003 - 2014

California State University - San Francisco State University

Undergraduate Degree

University of the Pacific, McGeorge School of Law

J.D. (2002) | Law

Honors: Dean's Honor List 2002

Contra Costa County Bar Assoication

Member

2014 - Current

California State Bar  # 231750

Member

2004 - Current

Q. My mother sold her house and has since passed away. The new owners are saying that the septic tank is bad and suing me.

November 13, 2019

A: Unless you were on title to the property, and thus a seller, or it has been less than one year since your mother's death, the claim is likely barred. California Civil Code 366.2 states:

" If a person against whom an action may be brought on a liability of the person, whether arising in contract, tort, or otherwise, and whether accrued or not accrued, dies before the expiration of the applicable limitations period, and the cause of action survives, an action may be commenced within one year after the date of death, and the limitations period that would have been applicable does not apply."

That statute essentially bars all claims against a decedent one year from the date of death. There are some exceptions, for example if a creditor's claim is filed in the decedent's estate, or claims from certain government entities.

However, you'll need to take the appropriate action to nip it in the bud. I'd talk to an attorney who does both civil litigation and knows probate law as soon as possible. Otherwise, the plaintiff can take a default judgement against you if you are served with the summons and complaint and do not answer or otherwise respond in a manner allowed by the code of civil procedure in the appropriate time. ... Read More

Q. My mom died and resided in California. She has an account in Ohio I need to close. Total assets 25,000. Probate?

July 15, 2019

A: As others suggest, personal property (that is anything other then real property) is subject to the laws of the State where the decedent died. Thus, the Ohio bank should honer an affidavit under California Probate Code s. 13100. (https://saclaw.org/wp-content/uploads/2015/01/form-affidavit-for-collection-of-personal-property.pdf)

Sometimes, a small, local bank (one that does not have branches in California) is unfamiliar with the process. Generally, a letter and phone call from an attorney will clear this up. (About 1-2 hours of attorney time.)

Best of luck.

Q. I have a question about making changes to Will

December 13, 2018

A: Glendale:

To codicil or not to codicil, that is the question.

In order to make changes to a will, you have two options. You can make a new will revoking the old will, or you can write an amendment, called a codicil, to change only the portions you wish. Creating a new will, and revoking and destroying the new will, is probably the better practice unless you are working with an attorney. Primarily because an improperly drafted codicil may end up with provisions conflicting with the original will, resulting in a need for court interpretation.

I can tell you that making changes by scratch outs, interliniations (writing in additional or new language), or making other changes to the face of the original will should not be done. While a scratch out (or obliteration) of language may revoke that portion, the interliniation may not be valid, resulting in an incomplete will or worse.

And, any codicil or will must be executed with the correct formalities for California and other procedures to lower the chance of a contest (challenge to the will) just like a will. Most people know the requirement of the signature of two witnesses who do not receive a gift in the will. (A Notary acknowledgement by itself does not meet execution formalities.) And, the witnesses should use a "self proving affidavit" and legibly print (or have typed in) their names and addresses. In case of a contest, you want to be able to find the witnesses.

Even a holographic will (a will in your own handwriting and signed and dated by you) should be witnessed, although it is not required. Again, if there is a contest you want witnesses who can testify in court about the authenticity of the document.

There are a number of good resources on the internet about how to draft your own will. But, wills, their enforcement and effect is a fairly technical area of law. I recommend that you have an attorney "check your work" for any home made will or trust. Think of it as insurance, you pay a little now to avoid your heirs and beneficiaries paying a lot latter.

Plus, if you have an estate of any reasonable value (more than $150,000) or you own real property (even if there is a mortgage), an attorney may be able to suggest alternatives that will avoid probate. Probate is both time consuming and expensive. Even a small $200,000 estate will cost $14,000 in attorney and adminsitrator's fees to administer in probate. While a revocable living trust is the "gold standard" for avoiding probate, there are other avenues which are less expensive and may be appropriate depending on the nature and extent of your assets.

If you don't know where to find an attorney, you can try your local county bar association. Many California county bar associations provide attorney referral services which, for a small or no fee, refer you to an attorney who provides a half-hour or hour consultation.

Best of luck, and Happy Holidays. ... Read More

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