Heir Unapparent
An unusual complaint filed by the Illinois Administrator alleges misconduct that came in the wake of an attorney’s efforts to find his birth father
Respondent was adopted shortly after his birth in 1964. As an adult, he made efforts to determine the identity of his biological parents, and received information from the Illinois Adoption Registry and Medical Information Exchange indicating that Thomas Felix DeBoeuf of Missouri may have been his father. Beginning in 2006, Respondent contacted Mr. DeBoeuf and made efforts to spend time with him. Mr. DeBoeuf, though, was not Respondent’s biological father and during Mr. DeBoeuf’s lifetime Respondent never took a DNA or other test to prove that he was related to Mr. DeBoeuf.
After Mrs. DeBoeuf died, Mr. DeBoeuf signed a will drafted by Respondent
The will Respondent prepared for Thomas DeBoeuf listed Respondent as one of Mr. DeBoeuf’s ten children (eight of whom were still alive in 2013, including sons named Charlie, Matthew and Tony DeBoeuf), and nominated Respondent to be the executor of Mr. DeBoeuf’s estate, which consisted of an 80-acre farm located in Gasconade County, Missouri, and various items of personal property. Attached to the will was a list, prepared by Respondent, purporting to dispose of Thomas DeBoeuf’s personal property. That list provided for the distribution to Respondent of all of Thomas DeBoeuf’s handguns, several rifles, a clock, a kitchen bowl, a knife, a purse and its contents, a newly-purchased van, a vintage farming combine and other items. The will also provided that the remainder of Thomas DeBoeuf’s real and personal property was to be sold, with the proceeds to be divided between Respondent and Mr. DeBoeuf’s children after payment of Respondent’s fees as personal representative of the estate.
Then
Thomas DeBoeuf died on May 10, 2014. Sometime thereafter, the last will and testament prepared by Respondent was filed in the Circuit Court of Gasconade County to initiate the matter entitled Estate of Thomas Felix DeBoeuf, docket number 14GA-PR00029.
Respondent received some, but not all, of the items listed in the attachment to Thomas DeBoeuf’s last will and testament, referred to…above. Among the items Respondent received were a tractor that he later sold for $14,000, another vehicle he sold for $3,000 and handguns having a value of at least $6,000.
On August 14, 2017, the Hon. Robert D. Schollmeyer entered an order in the DeBoeuf estate finding that Respondent was not an heir of Mr. DeBoeuf’s. On January 23, 2019, a special master appointed by Judge Schollmeyer made recommendations for the distribution of the remaining items from the DeBoeuf estate.
Count One alleges that respondent wrote a will that benefitted himself and practiced in Missouri without a license.
The will rule
A lawyer shall not solicit any substantial gift from a client, including a testamentary gift, or prepare on behalf of a client an instrument giving the lawyer or a person related to the lawyer any substantial gift unless the lawyer or other recipient of the gift is related to the client. For purposes of this paragraph, related persons include a spouse, child, grandchild, parent, grandparent or other relative or individual with whom the lawyer or the client maintains a close, familial relationship.
Does this situation suggest a “close, familial relationship?”
Is a good faith belief that a familial relationship exists a defense to the charge?
And while we ponder the answers there is…
Count Two
After Thomas DeBoeuf’s May 10, 2014 death, Respondent took various actions, including visiting a location near Mr. DeBoeuf’s former farm on May 16, 2014 and firing two shots while he was located within sight of some of Mr. DeBoeuf’s children. During that time, Respondent also called some of Mr. DeBoeuf’s children, either in his capacity as someone with an interest in the DeBoeuf estate or in his capacity as the estate’s personal representative. In those calls, Respondent made the following statements:
On May 13, 2014, Respondent left a voicemail message for Tony DeBoeuf in which he said, in part: “This is Bruce Bonebrake. Do not call me back. Um, I just wanted to give you fair notice that as of this afternoon I have all the legal rights your father had prior to his death. And, um, I’m giving you fair notice as well that you are not to go to the property. If you step foot on Tom’s property I will have you arrested immediately. And, uh, I want you to know that you are not welcome on that property ever again. Ever.”
On May 14, 2014, Respondent left a voicemail message for Matthew DeBoeuf in which he said, in part: “…if any guns – and I have a list of Tom’s firearms, long guns and handguns – and guns are missing, I will swear out a warrant and classify you a felon, I don’t want to do that, but you have every single fucking gun out there and if you’ve taken any antiques or jewelry I’d advise you to bring it back as well because you’re the only one that’s been responsible for the control of that property. So, um this is going to get bad if you don’t cooperate. If any gun is missing, I will say you took it and you will be arrested, put in jail for violating, uh, well for quid pro- for a felony, a separate felony conviction, being in possession of a gun, uh, and if any guns are missing, I believe you either know where they’re at and, um, or you’ll be responsible for their theft.”
On May 16, 2014, Respondent left a voicemail message for Tony DeBoeuf in which he said: “Uh, Tony this is Bruce Bonebrake and, um, I just want you to know that, um, you have no idea what you’re fucking with um I’m curious as to whether you want to be arrested at your job or at home. And furthermore, um, if I wasn’t such a nice guy, uh, you wouldn’t be around any longer. So you fucked around with the wrong person and you will pay the price.”
On May 19, 2014, Respondent left a voicemail message for Matthew DeBoeuf in which he said: “Uh, hello Matt this is Bruce Bonebrake and, um, I was going to leave a message for you. I’m trying to figure out what’s a good time to conduct a deposition, I need a court reporter there, and, um, may want to talk to your employer, that if you want me to I can to see if there is a place that, uh, we can sit down with an attorney and go over some of the issues related to your possession of the guns as well as, um, your molestation apparently of [another family member], uh, should be part of the, um, public record of the will. I was gonna have Robby there as well but I found out today that he’s a convicted felon as you, um, so, um, I’m not sure if he’s staying with you but it would probably not be appropriate for both of you to have a deposition together. So anyway, I’ll, um, I’ll have my attorney send all of that to you in writing, uh, I will send it, uh, if you want I’ll make a copy of the request of the deposition to your employer and maybe that way we can do it, uh, when you’re taking a break from work or over lunch hour, et cetera, so I’ll stay in touch with you. I hope you got my message that you are not to use the truck and, uh, more than likely given your behavior you will not, uh, take possession of anything, so certainly not the truck. Uh, you can call me back and leave a message or moreover or why don’t we just expect to get this in writing. Why don’t you bring any request you have in writing.”
On May 21, 2014, Respondent left a voicemail message for Matthew DeBoeuf in which he said: “I do not want Charlie or Tony there and they’re not to be there this weekend. If I come down like I did last weekend and there’s hullabaloo that went on this time the sheriff will arrest and they will be forcibly evicted. If you’re willing to protect the property, I don’t have a problem with you staying there until you work out where you’re going to reside but again, if I find that any stuff is missing or titles have been transferred I’m just telling you, Matt, I got a fucking judiciary duty, I got a law license to protect and I will go fucking ballistic and you and I will never have a relationship in the future, so please do the right thing. And I’ll see you this weekend.”
On May 23, 2014 Respondent left a voicemail message for Matthew DeBoeuf in which he said: “Ya, Matthew, I told you I was coming out to the property today, this is Bruce Bonebrake and, um, apparently you got the, uh, that fucking little gate up. Um, what’s the deal, what the fuck man? I don’t even want you on the property, I thought I’d be nice to you by allowing you to be on it. If I go out there tomorrow and that fucking chain is up I’m going to chainsaw everything down, I’ll kick the fucking door open and if you try to get on the property, I’ll have you arrested immediately. I’m sick of the bullshit. I’m sick of your fucking bullshit and I’ll tell you what, goddamn it, I was trying to be nice to you, you’re pushing my buttons and I’ve had enough and I’m telling you that and again, Tony, that motherfucking piece of shit and Charlie are never ever allowed on that property again. If they are, I’ll have them arrested and if I’m there, I’ll tell you what they will not be allowed on the property I assure you and frankly, at this point, I’m thinking that’s gonna be the same case with you, too.”
On July 23, 2014 Respondent left a voicemail message for Matthew DeBoeuf-“Yeah, this is Bruce, I went to the farmhouse today, saw all the things that were missing and of course that place was a huge mess. Um, I’m assuming, and while I’m assuming, I’m hoping that you put things in storage and that the valuables, the antiques, uh, milk glass and the other things are protected and safe and, um, not subject to, um, theft. And in reality I think you, um, are going to be responsible for everything that’s missing there so this will be the last time, last time I call you by phone, next time will be a subpoena and/or a court document that compels your testimony and, um, may compel you to, um, produce all the things you have taken. I blame everything on you that’s missing, including Charlie’s stuff that’s at, um, well my tractor that’s at Charlie’s house. Um, I don’t know what you have at the double EE property, I suspect you have things there as well so um I’m not sure what your thoughts are, Matt, but, uh, you- you’re not going to get away with stealing from your, from the remaining heirs and from your father. I don’t know, so think about that now and spend a lot of time in the future thinking about it.”
(Mike Frisch)