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

2/9/2007 9:10 PM PST BY TMZ STAFF

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.


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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.

2707 days ago

Karald Aushix    

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.

2707 days ago

Karald Aushix    

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.

2707 days ago

Karald Aushix    

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.

2707 days ago

Karald Aushix    

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.

2707 days ago


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.

2707 days ago


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.

2707 days ago


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.

2707 days ago


"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?

2707 days ago



2707 days ago


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.

2707 days ago

Shane Victorino    

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.

2707 days ago


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?

2707 days ago


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.

2707 days ago


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. :)

2707 days ago
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