Anna Nicole's Will

TMZ has obtained the will of Anna Nicole Smith, aka Vickie Lynn Marshall. The will is dated July 30, 2001 and was drafted prior to Dannielynn's birth and Daniel's death, and therefore indicates that Anna only had a son.

The will entrusts all of Anna's property and names Howard K. Stern as executor.

There were two witnesses to the will's signing, one of which was Kimberly Walther, Anna's former assistant.

Reader Comments

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76. It's not what it looks like..

By law you have to exclude future husbands and kids or if you re-marry, or give birth and die before you update the will, the will will be void.

Exculding people is a legal term but in this case, because Daniel died it's a very messy case.

Because her lawyers knew what the will said, I am shocked they didnt change it after Daniel died to protect the baby. But maybe just like HKS they all stayed dopped up on methadone.

Posted at 2:26PM on Feb 16th 2007 by MM

77. It doesn't matter what we think of Howard K, Stern, Anna apparently trusted him for a very long time and this is what she wanted.
Anna couldn't stand her mother and that she made known, then why give her body to her mother, that is not Anna's final wish.
Despite who we think 'killed' her, who wants money, whose slimy or the baby daddy... Anna made this choice and Anna choose HKS for the last 14 years and on her final goodbye we should carry it out as she wished...and that would be HKS's decision to make, per Anna Nicole.

Posted at 2:25PM on Feb 16th 2007 by LS

78. I'm happy she has a will. I hope she can get barried next to her son. She deserves that much. Just let the baby be here daddy howard k. Stern.

Posted at 11:54AM on Feb 17th 2007 by sabrina

79. Harvey I implore you to read this....

When Daniel died Nancy Grace was interviewing Dr. Wecth (spelling?} He stated that Daniel had five drugs in his system, One of which he stated he would not disclose, so, he named Lexapro, Zoloft, Ambien, and Methadone. But later in the interview he slipped and said, and I pronounce for you, due to spelling AM-I-TRIP-TA-LEAN, is this drug the smoking gun? And will it be found in Anna's toxicology tests? Look back on those interviews and you will see what I am saying. That drug was never mentioned again. It is a very toxic and dangerous drug. I lost two sisters within thirty days both were taking this drug in a mixture with others resulting in their deaths. Please investigate.

Your Friend in Texas
Connie

Posted at 4:34PM on Feb 16th 2007 by Connie

80. For you legal eagles out there; what happens when a person dies intestate in state of California. If the will is contested and its thrown out, what happens?

Posted at 3:45PM on Feb 16th 2007 by cubella

81. Oh and can anyone see the irony of all of this???

Anna fights Pierce for the body of his father (even though she was married to him for only 15 months), she didnt care that they had to "split him" and carried his ashes around like a joke and look what's happening to her body now.

Talk about Karma kicking your behind.

It will be same with the money. She tried to leave his kids with none and take it all and now same can happen to her child.

Posted at 2:29PM on Feb 16th 2007 by MM

82. Who ever gets custody of the baby will petition the court that ANS next of kin get her estate. That would be Dannielynn. Since most of us agree that HKS is NOT the father, it is doubtful that he will see the money. I think that is just some legal jargon that people put in their will's. I remember hearing the same thing about James Brown's will excluding his 5 year old son.

Also, the judge will probably put some injuction that the $$ from the estate cannot be used until this mess is sorted out. I wouldn't worry about Dannielynn in regards to the money. She'll get what she is entitled too. Let's hope that they have the smarts to put it away for her in some trust fund.

Posted at 3:48PM on Feb 16th 2007 by Susannah

83. If howie was any kind of man he would step down form the will , I do agree Anna should be laid to rest with her son. Her mom will be soon hav ethe final word in all this, the fight has jsut began Makes me glad I am broke.....

Posted at 4:01PM on Feb 16th 2007 by sharon bremer

84. Whether or not the will was "filed" yet is irrelevant. A will does not have to be written in legalese or be filed prior to death in order to be valid. A will is "filed" with the probate court after the person dies. If there is no more current document, the courts will consider this one to be her last wishes.

Shhh, do you hear that sound?? That's the hoofbeats of potential baby-daddies running away FROM the courthouse!

Posted at 2:31PM on Feb 16th 2007 by Jeeeze

85. Here's my thinking: If Anna were in so much trouble staying with Howard, why didn't Daniel ever say anything in public? He would of taken his mother out of a dangerous situation! I'm sure Anna would of listened to her son if he ever felt Howard was bad for her! Vergie? wants Anna's body to take back to Texas for a future "Annaland" Jackie?...a sleeze like her brother! Judge and his wife? Stole personal baby items from the house so TMZ could do a private DNA test? Larry wants fame & money. Maybe TMZ should did up dirt on the people who are really creating this mess!

Posted at 4:02PM on Feb 16th 2007 by BRRR

86. I do not even know why I am obsessed with this story. Every since the other Howard Stern told her she was fat on his show I have found myself checking in on ANS from time to time and it seems to me that it was the moment her life began to spiral down. The drug approach to weight loss = death. She seemed really vivacious just a year ago, but that's how drugs work. I wonder why they were letting her take drugs in the first place? It seems to me when you love someone it is time for intervention, and possibly an update to the ole will. The people who are fighting over her now enabled her depression and they enabled her to abuse her already overworked body, but it seems to me everyone is scrambling over this cursed money. I wouldn't want money that had a trail of bodies this far. Still, someone should have planned for this baby's future in the will the moment they named her, or got married.

Posted at 4:51PM on Feb 18th 2007 by duvy

87. HKS is executor...but the will was never filed in court?
What sorry attorney would disrespect their client like that..causing courts...vs ..people litigation...and probate.....of her affairs...exactly ...like what's going on right now !!

...JIM..
Regarding your accusations......she had plenty of men in her life....obviously....too many...
you are a disgusting pig.....that's just ludicris....hopefully you don't have any children in your household...you are a disgrace to mankind....

Just drink the kool-aid..Jim...do us all a favor !!!

Posted at 2:30PM on Feb 16th 2007 by homegirl101

88. PLEASE have someone keep an eye on HKS..........I fear he may be unstable and may do something STUPID and SELFISH prior to Tuesday rather than show up in Court in Fla.

Please..............keep an eye on him.................Please!

Posted at 4:13PM on Feb 16th 2007 by monkia louinski

89. Command re:

'16. As executor Howard K Stern can't get ANYTHING....

Posted at 1:52PM on Feb 16th 2007 by Kristy

the Will stipulates HKS can have fees due to th execution of the Will for duties pertaining to taxes, disbursements and so on.

Any executor or executrix may bill the estate for services rendered. It can be as high as 5% of the total value of the estatee but this depends upon where the decedent lived, where the executor is and the legal limit of the amount one can charge the estate for the duties / services rendered.

It remains to be seen how greedy HKS gets (!) as executor.

The unforseen and unplanned death of ANS precluded a valid, legal and binding marriage between those two people [thankful for small mercies!] and a so-called 'committment' ceremony is not a valid, legal and binding marriage. All it was was two people splashing about in the Atlantic. That's it.

Had those two people been legally wed, a large portion of the estate would go to the surviving spouse with the residue to be divided amongst any heirs or named beneficiaries.

HKS might argue he was 'common law' husband and ask the Court for a share of the estate like the celebrated case law here:

http://en.wikipedia.org/wiki/Marvin_Mitchelson

However there is a conflict of interest seeing that he was ANS's attorney, executor and bed partner.

It wouldn't surprise me if the battle over the estate went on for a decade just like ANS's battle of the Marshall estate went on for a decade.

Greed greed greed. And if people thought only females could be gold diggers.... this is an equal opportunity charactor flaw.

Posted at 4:12PM on Feb 16th 2007 by Karen

90. The whole scenario is bizarre.
While ANS was alive, no one but Larry Birkhead was willing to give DNA. This included ANS.
I know what I am going to mention is really bizarre. Could this child not even be ANS's?
Consider the following:
1) There seems to be not one picture of ANS during her pregnancy. This is strange since Larry Birkhead is a photographer and I have never met an expectant mother who did not wish to have some pictures of herself during her pregnancy. The only pictures that I have seen were pictures of her and her son on the beach in Nassau and in a jet ski and I must admit that she did not look pregnant in either. There was also a picture of her announcing her pregnancy while on a float in a pool.
2) One of the items that was mysteriously stolen from her house in Nassau was the tape or dvd of the birth of the child, strange. I know pictures were taken of ANS and the baby. But has anyone ever seen this tape or dvd?
3) ANS did state that she had wished to adopt a Bahamian child.
4) ANS had to be seeing an OB/GYN physician. There has to be some record of this somewhere.
5) The ME stated that ANS had some procedures done in the recent months, including breast augmentation.
I know all this is strange. But, the whole situation is quite strange and I would not put it passed all involved including ANS to pull off something like this

Posted at 2:33PM on Feb 16th 2007 by Peter

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