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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91. To "Crock of Shit", are you telling everyone that if your baby was in an environment that was drug infested (illegal or prescription) and that you believe that the mother used drugs while she was pregnant for the baby, and was obviously incoherrant on several televised interviews after the baby was born, and two family members suddenly dropped dead at young ages - you would just patiently wait until someone wants to acknowledge your rights to protect your child? What kind of person are you? I think Larry definitely has demonstrated paternal instincts in trying to establish his rights even before the baby was born and was prevented from it by ANS and HKS who weren't thinking about what was best for the baby, but themselves.

Posted at 9:31AM on Feb 10th 2007 by Lee

92. That Howard cannot be an Executor AND a beneficiary is WHOLLY UNTRUE! I work in Estate Administration and this statement is ENTIRELY UNTRUE! Husbands and wives almost exclusively name each other as the primary Executor of their Wills and almost exclusively name each other as beneficaries. Get your facts straight before posting crap like this.

Posted at 2:33PM on Feb 10th 2007 by Jennifer

93. I've been wondering this for months and can't understand why this hasn't been done... Why can't Birkhead just get a Private I to get one of Dani's diapers out of the trash for DNA testing? Surely DNA can be take from POO, eh?

Posted at 9:55AM on Feb 10th 2007 by Leigh

94. Leigh do you really think their trash goes out on the curb like yours? If you've been following this for months you should be aware of the security.

Posted at 10:01AM on Feb 10th 2007 by trover petro

95. Who knows! It has to go somewhere... a good PI could figure it out pretty fast and get their hands on a bag of trash or "a" diaper... and the slip of a $100 or two to the right person. I don't they they are burying it in the yard!

And I'm a country gal... no "curb" at my house. I take my trash to the dump. :)

Posted at 10:07AM on Feb 10th 2007 by Leigh

96. What does HKS do? Was he her lawyer, agent, publist, or just used her for her fame and money? He probably wasn't anything until he got hooked up in her fame and used her! Probably had enough with all the bull she was going through and decided to end it all thinking he would get all of it and not being able to prove what he had done! Another joker getting away with the law! Hey Howard, did you secretly becomes friends with O.J.?

Posted at 10:18AM on Feb 10th 2007 by Debbie

97. Countrygal, please understand I wasn't trying to offend you, and that "curb" was used figuratively. My point is that you may be underestimating the lengths to which people can go to keep their private lives private, that's all.

That said, DNA found in a dumpster cannot be used to prove paternity; the DNA must be extracted in particular ways. Not that it couldn't be obtained in a lot of ways, but (thankfully) the court system has some standards in order to assure accuracy.

Posted at 10:20AM on Feb 10th 2007 by trover petro

98. Peole...LEGALLY celebrities are able to have prescriptions filled in someone else's name to protect their privacy.
He enabled her to use drugs. He passively killed her or he's a psychopath /sociopath...on PAGE TWO of comments someone wrote that his 1 fixed pupil (one is dilated in this picture, the other is not) is a sign of bi-polar or sociopathic tendencies...ALSO the claw like hand is a sign of "murderous emotions" common with serial killers.
It is entirely possible that he worked for the marshall family...killed the son, killed ANS son and Anna Nicole. Sociopaths are smart, cunning and charming.
LET'S EXPLORE THIS....anybody have more info. on these crazy eyes and the claw hand?

Posted at 11:28AM on Feb 10th 2007 by Suzanne

99. Howard is one ugly jew who looks nothing at all like the baby. Get a grip you guys.

Posted at 12:12PM on Feb 10th 2007 by tony

100. Is it just me, or does Howard look majorly fucking stoned out of his twisted little mind in this pic??? Check out his maniac-eyes? Scary as shit!!!!!!!

Posted at 12:24PM on Feb 10th 2007 by Fleigh

101. Wouldn't "exploring" claw hands be a topic for another blog?

That said, "exploring" those points would be worthless. Anyone who could actually meaningfully contribute to your ideas about her mental health would not, because they would know enough not to make snap judgments like those above.

I have a feeling that this blog is actually a double-blind study and that many of you will be receiving emails soon inviting you to get treatment at tmz's expense.

Oh, and people getting prescriptions in others' names is not always legal, but is sometimes permitted. Either way, it is not because of "celebrity" status necessarily. Good lord.

Posted at 12:28PM on Feb 10th 2007 by trover petro

102. Ok Suzanne, I think that's getting a little far out there in the way of theories. Its easier to just stick with the simple greed theory. If Howard knew that he wasn't really the father, then by disposing of Anna, he made sure he would inherit, along with the baby.

Now we've just heard it, he says there was a will and he gets half the estate along with the baby. Please God, someone get that baby away from him before she has an "accident." And get some handwriting experts to check the signature line on that will. Because I don't think Anna would leave half of her estate to someone who wasn't her child.

Also, regardless of what Trover Petro says of a DNA test conducted with "retrieved" DNA not holding up in court, it might go a long way towards expediting a valid DNA test if it showed Birkhead to be the father.

I have some other questions that nobody has touched on. Why did Stern leave Florida so fast after Anna's death? Did he even go to the hospital with or after the ambulance? I didn't see him in any of the video. And then he takes off for the Bahamas? I find that bizarre. If the love of my life died I would want to go see that person in the hospital. After which you would have to sedate me and put me in a room by myself for a while. I wouldn't be flying on a plane to the Bahamas.

And in fact, reporters finally had to ask the attorney, Ron Rale, how Howard was last night before the attorney fumbled around and came up with a statement about how, "uh yeah, he's just absolutely yadda yadda yadda" - going on to describe how upset he was. You could tell he was making it up. Stern didn't even make a statement.

On the other hand, when Birkhead's attorney said he was inconsolable, it seemed real to me. I believed it. Even his attorney seemed a little shaken up. I think that even after everything, the guy really still loved Anna.

Also, I've noticed some "pro-Stern" comments on this board that seem extremely articulate and I can't help but wonder if they're written by associates of Stern. It's something I usually only see on boards when something negative is said about Scientology.

At any rate, since the baby does not have any parent whose identity is certain, and since Howard Stern is now known to have been prescribed several prescriptions that would make it difficult to care for any infant, it would seem to me that the Bahamian government should step in and remove the child to whatever their version of Child Welfare happens to be until 1. The identity of the child's parent and guardian can be determined, and 2. The safety of her home can be ascertained.

Posted at 1:01PM on Feb 10th 2007 by Sydney

103. To answer your question, Fleigh, it's just you.

Notice the rest of the picture; fashion was not foremost on his mind for the previous hours/days, I would imagine. It's interesting how many have to jump to evil conclusions right away, and it is telling that they must be vulgar when they do it.

Posted at 12:29PM on Feb 10th 2007 by trover petro

104. p.s. One most certainly can be both an executor and beneficiary in a will. That is a non-issue.

Posted at 1:01PM on Feb 10th 2007 by Sydney

105. Trover Petro! What an asshole! Everyone hates you Petro, so shut your mouth. I bet you're ugly and have schmegma under your balls...EWWWWW...

Posted at 12:49PM on Feb 10th 2007 by Fleigh

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