Celebrity Justice
Was Anna Nicole About to Change Her Will?

TMZ has obtained the cover sheet to a fax, sent six days before Anna Nicole Smith died, and it raises questions about Anna Nicole's intent to change her will.
Smith's will
The cover sheet shows the fax was sent on 02/03/2007 at 02:18. The fax contained the existing will of Anna Nicole. It lists a phone number with the initials RAR -- we believe that to be Ron A. Rale, Howard Stern's lawyer. It is unknown to whom the fax was sent, but as far as TMZ knows, Rale's only connection to Smith was Howard K. Stern.

We know Stern was concerned for Smith's well-being. TMZ has obtained a statement from Smith's former nanny in which she alleged Smith tried to take her life twice after Daniel died. Under the will, Stern was not protected. Daniel was the only beneficiary with Stern as trustee. As a result, Smith's infant daughter would inherit her mom's property outside the will, and unless Stern could prove he was the father, he would probably lose his claim to serve as trustee.

There's a serious question as to whether Smith was even mentally capable of changing her will. There is evidence she was on methadone, and video several months earlier shows she was almost incapable of functioning. Indeed, even on a segment of "Entertainment Tonight" that aired just days before her death, Smith seemed out of it.

The question -- was Stern in the process of changing Anna's will just before she died? And if so, is this an acknowledgement by Stern that Daniel's death derailed his position? Stay tuned.



Reader Comments

(Page 6 of 38) Previous 15 Comments | 4 | 5 | 6 | 7 | 8 | Most Recent | Next 15 Comments

76. Howard K. Stern loved Anna and everyone should see that. Who was there by her side when she was overweight Howard who has always been there for her Howard. I think he should get her body and if he isn't Dannylynns dad then he should be able to stay in contact with the child. Let Anna rest in peace and put all this attention on the baby.

Posted at 7:43PM on Feb 21st 2007 by Debbie

77. VIDEO WAS THE FUNNY ANNA BABYSITTING A FRIENDS CHILDREN. IT IS STOLEN PERSONAL PROPERTY FROM ANNA S ESTATE. I HOPE THIS CAUSES TMZ TO GET PROSECUTED. MEDIA IS TOTALLY RESPONSIBLE FOR THE SENSATIONALIZING OF ALL STARS. I HOPE SOMEONE PASSES LEGISLATION TO STOP IT BEFORE ANOTHER STAR HAS TO TAKE PRESCIPTIONS TO HELP THEM DEAL WITH THE IGNORNAT PRYING SCUM

Posted at 11:16PM on Feb 21st 2007 by FEMALE

78. Judy #61 - What is this "GET A LIFE". You sticking up for a murderer???

Think Stern is going to let you in on the jack pot - or perhaps you are one of his flunkies!

No one with a BRAIN could think anything other than DOUBLE HOMICIDE!

Posted at 11:35PM on Feb 20th 2007 by May

79. I just want to know where Anna's mother was when the baby was born....funny how she didn't fly out to see that baby when it was born, but as soon as Anna died she was there. If she was any kind of mother, she would stand up and say that she made a mistake, that Anna should be buried with her son if that is what she wanted. As for the video of Anna stoned while pregnant....it seems that we see what we want to see. She didn't seem stoned to me, she always talked like a child, and she just didn't know what a mushroom trip was. Funny that someone who is always referred to as an addict didn't know that. Maybe we should not judge anymore and let this woman rest in peace.

Posted at 11:35PM on Feb 20th 2007 by Denise

80. Please, Please, Please will someone determine who is the Father of Nicole's baby with a simple DNA test. First Nicole's son, now Nicole, I wonder who's going to be next. I hope the DNA test is verified by more than a few experts. Everybody must be sleeping with one eye open.

Posted at 11:37PM on Feb 20th 2007 by Chucky

81. Stern's sister stated that Stern saw Nicole 2 hours before she died, and she had a fever of 105. Why didn't he stay with her? In someone's mind Nicole had to die before it is proven who is the real father of the girl, not knowing that they still can do a DNA. In my judgment, Nicole's son and Nicole were murdered by the same person; methadone mixed with alcohol will kill you, depending on the strength of the mathadone. and no one can tell the strength, except for the person who handles it. If that baby ends up with the murderer she will die too. THINK: There are billions of dollars involved in this matter. We have read about a number of people who have killed even parents to get insurance money. Common sense tells us what has really happened here. Also, even judges would "cover up" for some of those millions. If no one had come up claiming to be the father of the child, there's a good chance that Nicole would still be alive.

Posted at 7:47PM on Feb 21st 2007 by Anna G. Otero

82.
How in the hell can a greiving Mother, who just gave birth, and is drugged up
have the snap to decide to change her own will??????

She did not have the mental capacity @ the time!!!!!!!!!!!!!!!!!!!!!!!!!!!

Posted at 11:37PM on Feb 20th 2007 by Ray

83. How could ANS know what she wanted? She was out of it. Please stop making excuses for Howard. He is a grown man, and as far as we know, not on drugs. Anna didn't need a boat, she needed a doctor, or at least a EMT that can do CPR correctly.

I am also sick of people saying she died of a broken heart. Does not happen!!!

Posted at 11:38PM on Feb 20th 2007 by Louie

84. anyone know about daniel's drug use? why on anti-depressants? why methadone? being as young as he was, why methadone ..... does that imply he was heroin-addicted at some point in his short life? why does methadone factor into his short lifespan?

Posted at 12:30AM on Feb 21st 2007 by PieHole

85. DO you think Dr Perper's call to schedule a viewing had anything to do with the big tall Texan named Donald Hogan who showed up yesterday to speak to the coroner?

Posted at 11:39PM on Feb 20th 2007 by MyThots

86. I am very concerned for Dannielynn. She is in a dysfunctional atmosphere, with a man claiming to be her father, who will be more interested in pimping her for shows like ET than providing a quiet, stable home for her..IMO

Posted at 12:01AM on Feb 21st 2007 by Mary

87. Lee #55 Enough is enough...she is still laying in a morgue decomposing, her body, her baby, her son, the father of her baby are still being drug through the legal system...I have a compassion for Anna and the people she loved. Let it go. Be it as it may, we are all human. Can't we die with diginity anymore?

Posted at 11:42PM on Feb 20th 2007 by Judy

88. This was brought up DAYS ago TMZ so sorry you are BEHIND a bit!
Anyone familiar w/ a fax machine KNOWS it sets the date to the correct SEE date & time once it is plugged into the telephone line.
So WHO was faxing her will 5 days BEFORE her death?
And the RAR stands for Ronald Alan Rale
Feb. 3rd was on a Sat. BEFORE ANS & HK$ went to FL.
If I remember correctly they had checked into the Hard Rock on Monday (5th) & due to check out on Fri. (the 9th)...however she died on the 8th.
SO IT SEEMS FISHY THAT FIVE DAYS BEFORE HER DEATH SOMEONE WAS CHECKING OUT THE WILL.
A will that was "supposedly" drawn up on July 30, 2001 .

SOMETHING IS ROTTEN IN DENMARK...oops..I mean the BAHAMAS!
The other witness' to the will was James Khavarian #171550 (aka Kooros James Khavarian
WHO WAS DISBARRED!!
He was disbarred 2 days AFTER he signed this.
LOTS of Disciplinary and Related Actions!!!
8/1/2001 Discipline w/actual suspension 99-O-13254
Not Eligible To Practice Law
http://members.calbar.ca.gov/search/member_detail.aspx?x=171550

http://www.metnews.com/articles/disc09302.htm

And the 2nd witness? Kimberly "Kimmie" Walther?
She is MIA!
KIMMIE WALTHER from the ANNA NICOLE SHOW has a myspace account.
She has been online each & every day since ANS died.
I have emailed her from there but have not gotten a reply.
myspace.com/bzargirl
Also there is another site (hoax or real???)interesting read.
Is SHE going to be a surprise witness?
Or is she the “friend” Howard said Daniel lived w/ in Studio City?
kimberlywalther.com
I was worrying that SHE might be a murderer victim also.
Unless someone is checking her account????
Anything IS possible w/ this case. LOL
For those who DON'T know she is/was Anna's bi-sexual friend w/ pink/purple hair on the reality show.
I wonder if the FBI has questioned her?
I heard a rumor that she was accused (by HK$) of stealing money from Anna & was told to stay away.
I don't know if it is true but it does seem like his usual practice to alienate everyone around her.

Howard knows he is NOT the baby's biological father.
Yet ANOTHER of Anna's friend's is stating such.

FOR THE FULL TRANSCRIPT OF LARRY KING LIVE w/
PETER NYGARD (and also read what Larry Birkhead's attorney Debra Opri had to say)
SEE THE cnn.com LINK BELOW FOR THE COMPLETE TRANSCRIPT!

KING: We now welcome to LARRY KING LIVE Peter Nygard. Peter was -- Anna Nicole Smith modeled for his clothing company, Nygard International. He and Anna dated in 1998 or '99. Peter annually hosted, along with Norby Walters, the famed Night of 100 Stars. That event takes place every -- I'm showing it now if we put it on camera -- quick. This takes place every year on Academy Award Night.

And that's where you met Anna Nicole, right?

PETER NYGARD, CHAIRMAN, NYGARD INTERNATIONAL: Yes, that's right. Back in 1997.

KING: And what it like attraction at first sight?

NYGARD: It was. It's very easy to get attracted to Anna Nicole Smith, you know. And we did get attracted right away, and subsequently fell into a romantic relationship. I was one of many. And she started modeling for me. We did a magazine. The covers of my magazine was in all of the stores, and actually found a new lease on life at that time. She wrote a lot about it and talked a lot about it, you know, I sort of rekindled...

KING: Why did your relationship end?

NYGARD: It ended over drugs. I'm so anti-drug, and I was so committed to try to get her off drugs and couldn't.

KING: Why not? What was the...

NYGARD: She was addicted. It was just her flaw. She was addicted.

KING: Did she go for help?

NYGARD: She didn't. And after that, she had gone earlier already to Betty Ford, and she felt renewed again. And I had to constantly have her on 7/24. She was always, always had to be cared for every minute.

KING: Did you know Howard Stern?

NYGARD: I did not know Howard. I was only involved with him a couple of times after in the Bahamas, you know, over the phone.

KING: You have property in the Bahamas, right?

NYGARD: I do. That's actually how Anna got there in the first place. Anna came to the Bahamas. She said twice before -- she came twice with me to my place called Nygard Key. She loved Bahamas. She felt safe in Bahamas. Loved my place. In fact, many times since then, since we broke up, she called me a number of times and said, let's go to the Bahamas again. Let's go to the Bahamas again.

KING: Did you know Danny, too?

NYGARD: No.

KING: What is your take on her supposed relationship with the former Bahamian minister of immigration?

NYGARD: Shane Gibson, fine, fine gentleman. No relationship the way it's been portrayed. I know him very well. Shane Gibson, King Eric, the whole Gibson family is a phenomenally fine family, and welcomed her with open arms.

If he went a little above and beyond the call of duty in accommodating her, that's all it was. But Shane is happily married...

KING: Nothing nefarious?

NYGARD: No. Absolutely not.

KING: When did you last have contact with Anna Nicole? NYGARD: When she arrived at the Bahamas, she phoned me. Peter, I'm your neighbor. You know? I got a call from her. I got a call from her after Daniel had passed away. I got a call from her after Jackie Hutten was there, and she was looking for Jackie Hutten. I got a call from her, what are you doing for New Year's? Maybe four calls. Let's have dinner.

KING: So how soon before she died?

NYGARD: Last time was before New Year's.

KING: Do you think you know who the father is?

NYGARD: Absolutely.

KING: You do?

NYGARD: Yes. They both are.

KING: What do you mean?

NYGARD: They both are.

KING: Two people can't be fathers?

NYGARD: Well, here's why...

KING: You mean Larry and Howard?

NYGARD: Yes. Because Howard is relying on Bahama law. Howard is not the biological father.

KING: That's what I mean. The biological father is who?

NYGARD: Howard -- that's Birkhead. But Howard is talking about being the father under Bahama law. And if you ever ask him if he's the biological father, if it's his sperm that made it, he will not be able to say yes.

KING: So how does Bahamas make him the -- the father, if it's not biological?

NYGARD: Because Bahama law, in Bahama law, all you have to do is, the mother can just say who the father is, and that's the law. She just writes it down who it is, and that's the end of it. And Howard was advised in the Bahamas that that's all he had to do, and that's what he's relying on.

KING: But he's going to have to keep her in the Bahamas, then, right? Because someone will challenge it in the United States.

NYGARD: If Howard ever would have to really go under oath, he could not -- he could not say under oath that he's the biological father.

KING: How do you know? NYGARD: I know Anna Nicole Smith so very well. I know the Gibsons so very well. I know Jackie so very well. I'm very, very close to this situation. I know of their relationship. You know, Jackie -- or rather Anna Nicole Smith's and Howard's.

KING: You don't know Larry, though?

NYGARD: I don't know Larry. No.

KING: Thanks, Peter. Good seeing you. Peter Nygard. Anna Nicole Smith story just gets on and on.



http://transcripts.cnn.com/TRANSCRIPTS/0702/20/lkl.01.html



Also notice Debra Opri said basically the SAME thing (in the SAME show)

KING: When Howard Stern referred to the baby as his daughter, why didn't you object?

OPRI: You know, you're -- I would -- could have said, "Your Honor, I object."

And why?

Because the judge was getting very ticked off with all the objections. Our strategy was to remain quiet and let the testimony get out.

There is something else, and you brought this to my mind. When Howard K. Stern states that I am the father under Bahamian law, what he's saying and what no one knows is that under Bahamian law, a presumed father -- not a biological father -- can take legal entitlement to the custody of a child.

He will not ever say on a witnesses stand under oath, under penalty of perjury, that he is the biological father of that child, because he knows he is not. And if he wants me to hit him with a contempt action in Florida for perjury, I'll do that.

As far as that contempt action in Los Angeles, we let it go because we got what we want. We got the paternity order, we got it enforced in other jurisdictions and we're heading there. And we're off to the Bahamas as soon as we're done with Florida.

Posted at 4:14AM on Feb 21st 2007 by Cat Kil

89. I would like to know how many of you think that Anna's mother should get her body?????

Posted at 11:43PM on Feb 20th 2007 by Denise

90. Maybe Kimmy moved. I think it's possible she's behind that website. Also, there is a Kimberly Walther living in Ohio.

It's also entirely possible she's afraid of Howard but has now decided to emerge. I could certainly understand her fear. She'd be one to know a lot about the true dynamics between Anna and Howard..

http://www.kimberlywalther.com/

Posted at 11:45PM on Feb 20th 2007 by pukeHKS

Previous 15 Comments | 4 | 5 | 6 | 7 | 8 | Most Recent | Next 15 Comments