Former Florida Mayor Loses Law License Following Estate Law Misconduct

Last spring the community of St. Augustine was rocked by the news that their former mayor, of nearly a decade, was under investigation and suspended from the Florida Bar. The Florida Bar guards the integrity of the practice of law in Florida. The Florida Bar, in conjunction with The Florida Supreme Court, are responsible for administering a statewide disciplinary system that enforces the rules of professional conduct set by the Supreme Court.

Joseph Boles was initially suspended, and later disbarred, following the revelation that in several instances, Boles did not adhere to statutory requirements in his practice of law. Mr. Boles was found to have engaged in /created several instances of conflicts of interest. Three instances of this misconduct have been reported.

The Florida Bar filed the initial complaint against Mr. Boles. Their filing reveals that Mr. Boles met with a woman to help her create a trust for her estate. Mr. Boles suggested that he himself be appointed the successor trustee, but was told by the client to designate somebody else. Ultimately, Mr. Boles reportedly “unilaterally appointed himself “and his law partner (who is also Mr. Bole’s stepson) as backup successor trustees, or personal representatives, in violation of Florida statutes. The Florida Bar’s position was that a conflict of interest occurred when Mr. Boles appointed himself as a surrogate beneficiary in a probate matter without advising the beneficiaries to first seek independent counsel on the matter.

Two additional cases were filed after this initial instance – one case reports of an instance where Mr. Boles designated himself as the trustee/personal representative of a trust the client had not even requested. In a third case, Mr. Boles stated that he would provide clients over the age of 65 with a Last Will and Testament “for FREE.” Investigative results show that Mr. Boles created the documents and named himself as the personal representative or successor trustee. By doing this, Boles was creating a situation where he could potentially receive fees as part of the trust, or estate. The investigations further show that Mr. Boles failed to follow the instructions of several testamentary documents while serving as a trustee.  In one example, Mr. Boles sold a decedent’s home to his very own daughter — allegedly for lower than the home’s fair market value.

When building an estate plan, it is important to understand the responsibilities of key roles in the estate plan. Then you can understand precisely who is performing what role in your estate plan. For example, readers should know the role and purpose of:

• Trustee: The party who takes charge of the assets placed in a trust
• Beneficiary: A party that receives the benefits or assets you leave behind
• Testator: A person who dies and has left a last will and testament
• Settlor: A person who establishes a trust. AKA a “grantor.”
• Administrator: A party appointed by the court to manage an estate if no executor was named in a last will and testament, a person dies without a last will and testament, or if the executor is unable/unwilling to serve their role.

It is also important to engage with a legal team you can trust.

Contact Suncoast Civil Law

The experienced team of will & probate attorneys at Suncoast Civil Law can assist in any of your probate or estate planning needs. Contact our office to discuss the details of your own situation today.

Sources:

news.wjct.org/first-coast/2023-04-27/former-st-augustine-mayor-suspended-as-lawyer

historiccity.com/2024/staugustine/news/florida-supreme-court-revokes-joe-boles-law-license-146164