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Deschamps, who could not be reached for comment, filed an emergency petition on Feb. 15 in which she accused the public defender’s office of misconduct. Deschamps nevertheless has indicated she still wants the public defender to represent Cruz, Simovitch claims in her March 6 motion. Simovitch’s motion however, is confusing in that it claims that at the time she filed the emergency petition on Feb. 15, Nikolas’ brother, Zachary, was not yet 18 — and therefore would not be able to act as personal representative for the estate. Court records, however, show that Zachary turned 18 on Feb. 2. Simovitch did not return phone calls and an email from the Miami Herald on Tuesday. It’s not clear how much Nikolas and his brother stand to gain from the estate.

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