Legal Question in Wills and Trusts in Florida

responsibility and degree of power as Personal Rep. of a will/trust.

I have an extremely volatile/dangerous relationship with my younger brother. His background includes: attempted murder (of myself), as well as an incident when we lived next door to the mother of George W. Bush, Sr., then, the V.P. of the U.S. He was declaring to friends & local residents that he intended to assassinate the V.P. The Secret Service became involved and, consequently, my parents were forced to attain a defense atttorney (one of the lower end defense atttnys. of O.J. Simpson). My question is this: my parents appointed him as ''Personal Representative'' in each of their wills/trusts. In addition, 15 yrs. ago, my parents went with my brother to an attny in Ormond Beach, where John (brother) resides. and drew up all the details of these wills/trusts, which entitle my brother to 50% of the remaining assets, and myself, 12.5%. I have always been the abused (verbally/ sexually) child, as well as the ''black sheep'' of the family; though I've never been in any type of trouble. Short story, long...Do I have any recourse/power to have him removed as P.R.? And, is there a statute of limitations on an attempted murder charge? Also, he harrasses me via anonymous calls to D.C.F. Do I have any rights/mechanism to stop this abuse? TY


Asked on 5/08/09, 1:55 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: responsibility and degree of power as Personal Rep. of a will/trust.

Your parents can give their money to whomever they want. Contact the police for the attempted murder charge to see if they will pursue it. As a tort, the statute of limitations is four years in Florida, but there may be a different SOL for a crimminal charge. Whether the state would bring one is up to it.

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Answered on 5/08/09, 5:34 pm


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