Report: Howard K. Stern Executor of Anna's Will

ET is reporting that Anna Nicole Smith did, in fact, have a will. According to the show, it was written before the death of her son Daniel and the birth of daughter Dannielynn -- and names Howard K. Stern as the executor.

The document reportedly named Daniel as her sole heir, but now that she had a daughter, Dannielynn is, as of now, Anna's closest next of kin.

A family law expert tells TMZ that disposition will get sticky depending on what happens with the paternity suit and whether or not Anna and Howard's Bahamian commitment ceremony is deemed legally binding by a probate court. One complex issue is that Howard cannot legally be the executor and a beneficiary of the will.

Anna's complicated legal woes have followed her to the morgue.

Reader Comments

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76. I think Zsa Zsa is in a coma currently so she probably could care less

Posted at 1:40AM on Feb 10th 2007 by sarah

77. The executor of a will CAN also be a beneficiary and you can have up to four executors. Now, if Stern was a witness to the will, he can't be a beneficiary.

Also, if Dannielynn is now the sole beneficiary and Stern is her father, he will most likely control that money and if she were to die young, he would probably receive it, as her sole beneficiary.

There is something definitely fishy about this whole thing, IMO.

Posted at 2:32AM on Feb 10th 2007 by Marcy

78. "In other words, Stern knowingly lied on the birth certificate, certainly some sort of felony. "

Let me just say at the outset that I don't like Howard Stern. I think he did much to isolate Anna Nicole Smith and to get her really screwed up on drugs. I think its instructive that the drugs found in her hotel room had HIS name on them. Also, that the drugs given to her son were appartently from his stash of prescriptions. Also, he had such control over all of her actions that her nurse was afraid to call EMS without going through him. Which in and of itself may have cost her any chance she had of surviving the episode in her hotel room when she first lost consciousness. Who knows what might have happened if the nurse had called EMS right away instead of calling Stern and then waiting for Stern to call back as she wasn't able to reach him right away. Stern must have been VERY controlling if the nurse was afraid to call 911 even though the situation was so dire that the bodyguard was providing CPR. Think about that for a minute. That's a guy who had to have practiced some intimidation tactics in the past.

All of that said about the jerk, Stern would never be arrested and convicted for lying on a birth certificate. Regardless of how the dna came back, there would be no way to PROVE that he knew he wasn't the father. Any man having sexual relations with Anna Nicole during the time conception could reasonably have been expected to take place might reasonably believe that he is the baby's father. And there is absolutely no way to prove one way or the other whether or not Howard Stern and Anna Nicole had such relations, as he says they did, and she isn't around to say otherwise.

I'm hoping that her mother, who has had such horrible things to say about Anna, isn't the one who ends up raising the child. It doesn't appear that she gave Anna a very promising start in life. I understand exactly why Larry Birkhead tried to get the emergency order. He was afraid, given reports of large quantities of different prescription drugs in the hotel room and the fact that this is the second person in the immediate family to die of what seems to possibly be a drug overdose, that what he believes to be his baby is in immediate danger if left with Howard Stern. A man he has to believe is not the best of caretakers if he has now been at least peripherally responsible for two deaths. That of Anna Nicole's son, and now, Anna Nicole. I can understand Larry Birkhead's sense of extreme urgency. I would be feeling EXACTLY the same way. In fact, I think I would be frustrated beyond all imagination. Because if it does turn out that Anna Nicole's death was complicated by prescription medications, and all of the medications in the room were written for Howard Stern, then that can only mean that for the second time in a few months, Mr. Stern has given a lethal dose of his own medication to someone else.

Its a wonder that some equivalent of Child Protective Services in the Bahamas doesn't step in and remove that child immediately for the pendancy of these legal proceedings, at least until it's determined who the child's father and righful guardian is.

Posted at 3:19AM on Feb 10th 2007 by Sydney

79. That HKS could have inadvertantly caused the death of Daniel Smith by handing him the drugs that killed him is not outside the realm of possibilities. That HKS would have murdered Daniel and then Anna so he could have control over a POSSIBLE "heir" is WAAAAAAAAAY out there, especially because if Dannielynn DID inherit anything from the marshall estate, it would be set up in TRUST CONTROLLED BY THE COURTS!! HKS may be a little creepy. He may be a little controlling. But give me a break, the man was WHIPPED. I DONT think he is a murderer. Besides, everyone is crawling out of the woodwork now and the PROFESSIONALS who knew ANS are saying she was much more in control of things than she wanted others to realize.

HOWARD K. STERN DID NOT INTRODUCE ANNA NICOLE SMITH TO DRUGS. Her own horrible ice-queen mother has said that ANS was "partying" HARD WAAAAYYY before she became "famous", before she met J. Howard Marshall, etc. She has said the Marshall made ANS cut down the partying because HE DIDNT LIKE IT. If anything, I can believe that HKS ENABLED ANS to do drugs, even if he hated it, because of his feelings for her.

As to the cause of death: if she really was running a fever like that, if she really was as sick as everyone says, I imagine it will be discovered that she died from some heart involvement caused by infection. SOMETIMES these things arent immediately obvious and the Dr who did the autopsy said the organs would have to be PM'd to determine that.

So hold your stones (there is no joke there) before you throw them. What if HKS really was just what he appeared to be, a man in love with someone who probably didnt love him back as much? What if the worst thing he can be accused of is being an enabler? And before you jump on the bandwagon and say he should be prosecuted for that, remember, there are LOTS of ways to enable people you love to do things they shouldnt do, such as overeat, smoke cigarettes, drink a little too much, whatever.

Posted at 4:16AM on Feb 10th 2007 by diva

80. Actually, my theory of this case is that he was drugging her, covertly, probably in her drinks and food, to keep her dependent upon him and to be able to manipulate her easier. He was besotted with her and had been for some time. He wanted to make certain that he didn't lose her to another man. He wanted to keep her isolated and with him. I theorize, and again, this is just a theory, that yesterday he overdid her dosage, giving her too much, with dire consequences. He didn't want the hospital to know he'd been giving her drugs, so they tried to take care of it themselves in the room prior to calling the ambulance. He was panicking.

She has seemed MUCH MUCH more under the influence over these past few months that she has been solely with him. And I do believe that he wanted to keep it that way. I don't think he wanted to kill her, I just think that he reached a tipping point in her system where all of the drugs potentiated each other and sent her spiraling down into a coma. If the police were wise, they picked up any glassware in the hotel room to test for sustances. However.... I doubt that they did.

Now I have no doubt that Anna Nicole experimented with drugs outside of or rather, before, her relationship with Stern. But, I think it increased SUBSTANTIALLY after the two of them got together. I'm not certain why this is. The only thing I can think of is that he wanted to keep her vulnerable and under his control and that was the best way to do it.

Now, as to the cause of death, we would know already if she had died from a problem with her heart, regardless of the cause. But certainly IF she really was suffering from a high fever for several days, she could have had a bacterial infection that had spread to her blood stream. She could have become septic. That would explain a lot. And it would certainly let Stern off the hook. I hope that this is what they do find.

And I hope that they settle the paternity issue soon. A baby does not need to be dangled around waing for adults to argue over what is really a simple procedure.

Posted at 5:20AM on Feb 10th 2007 by Sydney

81. It is a sad state of affairs, the one I feel sad for is the little girl, now , not only does she have no mother, but her father is a non exisitant entity, still to be determined by what ever scientific means available. But that wont happen untill all of the bs settles down and a judge considers whats best for the child. As for this lawyer guy it sounds really fishy his role in all of this, the other guy sounds as though he just wants to know if he is the father of the little girl. As for any possible fortune from Anna's estate and any possible court settlements from her lawsuit to recieve monies from her oil tycoon husbans estate, that should be granted to the little girl and no one else. Unfortuneate as others have pointed out you have a lawyer involved, another potential father invovlved, and several other klingons involved all scranbling to position themselves for a piece of the pie. Personally I found Anna's life to be a little silly and would have told her it's time for her to not look to others and not depend on her looks for her self-esteem. It is sad that she died young , I can only hope she had made peace with jesus before she died.

Posted at 7:03AM on Feb 13th 2007 by MadcapMagician

82. It has just been reported by the AP Newswire that Howard K. Stern has retained lawyer Roger Diamond in Santa Monica. Mr. Diamond claims that Howard K Stern and Danielynn Smith have inherited equal shares of Ms. Smith's estate and that Howard K. Stern was to be the beneficiary. Under the circumstances, however, Mr. Diamond said he will be the executor of the will. Ms. Smith's mother was left nothing.

Posted at 6:14AM on Feb 10th 2007 by Chauncy Gardener

83. Wow, I usually don't attack other's comments but that Dezari is a real moron. Dezari takes the high ground and says "don't attack people when they are suffering". Then she follows it up with defending that murderer (either active or passive culpability) Howard K. Stern. Then, unbelivably, she attacks Anna's mom as "white trash" when her mother was begging for Anna to get off of the drugs that Stern was supplying her.

Posted at 6:19AM on Feb 10th 2007 by Your Mama

84. Why do you all assume that Howard K. Stern had to slip Anna something or otherwise commit some obvious act that they can imprison him for? She's an addict. The easiest thing to do is just allow the addict to do what he or she wants if you don't give a crap about them. I think that's what Stern did here. Nothing. Killed her passively. It wouldn't take putting anything in her food either. How about "hey honey, I'm taking another vicodin, want one?" every hour or so. How difficult is it to buy that scenario? My guess is within two days he'll be in the press saying how hard he was trying to get her into rehab. In a week or two, he will either have the benefit of her estate, or control of it. Same thing.

Posted at 6:27AM on Feb 10th 2007 by Fart Knocker

85. The year Howard K. Stern was born, the Beatles recorded "Baby You're a Rich Man". It was recorded on May 11, 1967 at Olympic Sound Studios, the first song recorded and mixed completely outside Abbey Road Studios.
The song actually started out as two different, unfinished songs, the verse consisting of questions written by John Lennon and the chorus by Paul McCartney. The two songs were combined in a similar fashion to "A Day in the Life". "Baby You're a Rich Man" actually refers to Anna Nicole Smith's handler Howard K. Stern. There is a rumor about the song that during the fade-out, Lennon sang "Baby you're a rich fag Jew" as a dig at the Stern boy, who was Jewish and a homosexual.

Posted at 6:41AM on Feb 10th 2007 by Yoko Ono

86. Re: Scumbag's post: "...Everyone knows that you cannot legally be the beneficiary as well as the executor of a will. Nice try fuck-wit...We're you high when you thought that one up?" Please understand that estate law is more complicated than that. In fact, where you live it might actually be legal to be both executor and benificiary. Your oversimplification of the issue and your vulgar response speaks volumes.

I don't understand why there is so much anger expressed over this issue in that post and in general. Perhaps when people yearn for the spotlight they are hateful of people who get it? Even when it's a heartwrenching situation? Sad.

Posted at 9:07AM on Feb 10th 2007 by trover petro

87. OK, all of this is very sad. I do find it suspicious and the suspect finger would seem to point at HKS...forgive me if I missed a post about this, but didn't ANS's late husband's son ALSO die strangely while in legal battle over the Marshall estate... so the death succession would go ...

"On June 20, 2006, E. Pierce Marshall died at age 67 after an infection. His widow, Elaine T. Marshall, now represents his estate.
The case has been remanded to the 9th Circuit to adjudicate the remaining appellate issues not previously resolved."

"In 2005, Forbes magazine estimated his fortune at $1.7 billion, a valuation he rejected. Marshall was one of three voting shareholders of Koch Industries when he died of a brief but aggressive infection on June 20, 2006, aged 67.
He is survived by his widow, Elaine Tettemer Marshall who represents his estate in the case of Marshall v. Marshall. It is unclear whether the case will continue in light of the sudden and unexpected death of Anna Nicole Smith in February 2007"

3 months After Mr. Marshall's "sudden and untimely" death Came Daniel's

"Daniel died at the age of 20 while visiting his mother Anna Nicole at the maternity ward in Doctors Hospital in Nassau, Bahamas, on September 10, 2006, days after she had given birth to his half-sister, Dannie Lynn Hope. He was reportedly not feeling well because of a stomach ailment the previous day. Anna Nicole refused to accept Daniel's death and had to be sedated after doctors had given up.

According to the Royal Bahamas Police Force, there were no signs of physical injury, violence, or drug paraphernalia.However, authorities believe they know what killed Smith and are leaving open the possibility that criminal charges will be filed. Police say that a third person, identified as Anna Nicole Smith's attorney Howard K. Stern, was in the room at the time of her son's death.Stern has angrily denied allegations by Anna's mother that he was involved in Daniel's death."
"On September 27, Dr. Wecht (the forensic pathologist hired by ANS for a second opinion) announced on CNN's Larry King Live that Daniel died from a lethal combination of Zoloft, Lexapro and methadone that led to cardiac dysrhythmia. Although methadone is prescribed in place of other opioids for pain relief and is used in the treatment of heroin and morphine addiction, Wecht said he had no information to make any conclusion about why Daniel was using it. Appearing on Fox News on February 8, 2007, Dr. Wecht said that there was still no information available as to how Daniel obtained methadone or why he might have been taking it. Daniel's doctor in Los Angeles told Wecht that he was being "weaned off" Lexapro before he died
"Assistant Commissioner Reginald Ferguson has confirmed that the Royal Bahamian Police has completed its investigation and has sent their file to the Attorney General. The Chief Magistrate of the Bahamas announced that a formal inquiry into the death of Daniel Smith has been scheduled for March 27, 2007."


Now ANS ... less than 5 months after her son(He was reportedly not feeling well because of a stomach ailment the previous day) and less than 8 months after Mr Marshall (dying of a brief and extremely aggressive infection). It's been reported that she was having "flu like symptoms" like her son and Marshall.

2 other interesting facts - The elder Marshal (ANS former husband) also had another son who was left out of the will along with Anna. At one point they teamed up during the lawsuit against Pierce Marshall.

ANS' Baby girls full name on the Birth Certificate is Dannielynn Hope Marshall Stern.

Another thing to consider tho in ANS death is not just ephedra and other drugs (never bought that trimspa or the above were the soul reason for her rapid weight loss) is gastric bypass surgery. You have to be very careful about what and how much of anything you ingest.. there have also been many cases of severe infection after having this done. I'm not sure how pregnancy works with this either.

Or maybe, just maybe it was Al queda.

Just my thoughts.
I wont speak ill of her tho. Her entire life and now death, seem to be one hell of a rollercoaster. Whatever happens, I hope her daughter is safe.

RIP Anna/Vickie - We hardly didnt know ya.






Posted at 6:37PM on Feb 10th 2007 by sweetjebus

88. BTW, take note of the part of the above article that says - "The case has been remanded to the 9th Circuit to adjudicate the remaining appellate issues not previously resolved" " Elaine Tettemer Marshall who represents his estate in the case of Marshall v. Marshall. It is unclear whether the case will continue in light of the sudden and unexpected death of Anna Nicole Smith in February 2007" At present ANS estate is bankrupt other than the $$ she recieved from photos of her son to pay for his funeral expenses... and whatever, if any she was getting for royalties from the E show and Trimspa gigs.. she owed over a million in court costs no? Seems to me with out Anna being alive to pursue the case The Marshall widow would recieve the Marshall estate..not HKS or the baby.

Posted at 8:01AM on Feb 10th 2007 by sweetjebus

89. "One complex issue is that Howard cannot legally be the executor and a beneficiary of the will."

I havent read any of the other comments here, so I dont know if someone clarified this - but my mom was executor and beneficiary of my grandma's will, so how is it not possible for the same with HKS?

Posted at 8:30AM on Feb 10th 2007 by JM

90. HOWARD PLAYED IT ALL WELL, LIKE A SNAKE IN THE GRASS A SILENT BUT DEADLY KILLER.

Posted at 9:00AM on Feb 10th 2007 by Lorraine

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