Larry Birkhead's lawyer tells TMZ there will be no negotiating with Howard K. Stern.
Debra Opri says the only subject of negotiation is "how fast he [Stern] will produce the child for a DNA test and how quickly he will allow that child to go to California with her real father."
As TMZ has been reporting, Stern has been asking Birkhead for some involvement in Dannielynn's financial affairs after paternity is established. Now Opri says, "There were never any deals. It was a one-sided discussion."
Opri tells TMZ she did not want to respond to Stern's overtures until after the funeral. Birkhead's hardline stance now puts the ball in Stern's court -- will he submit Dannielynn for DNA testing or will the fight escalate?
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Wanna Know -
Okay. Let's say Howard knew about the child and he helped craft the will. What does that mean or prove?
Wanna Know -
Anna signed the will as Vicky Lynn Marshall on July 30, 2001.
Coincidence? I doubt it.
Christina - it is more evidence that his plan was to get all the money. Shows that two months before baby was born (maybe when he found out) that he was already looking at limiting the heirs.
Oh and what a scumbag he is - encouraging her to write the kid off as a mistake - a nothing. Boy oh boy, if this is true - what evil people to harm innocent children. That child deserves support too, if true.
Again, I am not buying into the story as truth yet (want to see more proof, like DNA - thank goodness Purper got more than enought!), but sure does explain the odd language in the will.
RR , how do you suggest Larry or any man for that matter to get a paternity test by the amniotic fluid while the baby is in the mothers womb, if the freaking mother doesn't agree to it... YOU ARE AN IDIOT!
Look at his picture in this story.. the guy obviously still has some of Anna's drug stash and he is taking it. I guess after you murder 2 people that you once called friends, then you need some type of mind altering substance. Can this MONKEY (Howard Stern) be any more of a SCUMBAG!!!! He gives Lawyers and the real Howard Stern a BAD NAME!!! Enough already, arrest this clown, lock him up and let the inmates bust open his smelly azz. OHHHH it will be soon enough and then we can come back on here and then we can laugh, heckle and spit at all of you people who have adimatly been defending this jack azz. You have ANNA'S BLOOD ON YOUR HANDS BY DEFENDING HIM. ENJOY IT, RELISH IT AND HOPE THAT YOU DON'T EVEN BECOME FRIENDS WITH THIS MURDERING ATTORNEY.
wanna know -
So, if I understand it correctly, you're saying Howard had Anna put that clause in the will so none of her future children could receive anything from her estate after she died. Is that right? If it is and you think he's just in it for the money, why did he bother to claim DannieLynn as his own? He already knew she wouldn't inherit anything under the terms of the will he, in our opinion, helped draft.
* in our opinion should've been in YOUR opinion.
That Y really makes a difference.
Dearest Larry and family and respective attorneys ~ Do not deal with the DEVIL, aka Howard KILLER Stern. Do NOT underestimate him. LOOK at what the "Anna Nicole Estate Dollars" purchased in the Nassau-Bahamas court. Be AFRAID. Be VERY afraid.
NEW YORK POST, 24 HOURS A DAY, Newspaper
www.nypost.com/seven/09212006/news/worldnews/...
"SMITH PROBER OUT"
"COURT BOOTS CORONER FROM ANNA SON'S CASE!"
By MAT CHARLES Post Correspondent
"I am but a civil servant.I serve at the whims of whoever"
- Linda Virgill, Bahamas Coroner, September 21, 2006 -- NASSAU, Bahamas -
The probe into the puzzling death of Anna Nicole Smith's son took a wild turn yesterday when this island's top judges sacked the investigating jurist and virtually quashed a coroner's inquest.
Chief Magistrate Roger Gomez said the death of Daniel Wayne Smith, 20, in a Nassau hospital Sept. 10 might be from natural causes after all - and would not require an inquest.
Chief Justice Burton Hall removed Magistrate and Coroner Linda Virgill from the case. Virgill had called Smith's death "suspicious" and scheduled a coroner's inquest for Oct. 23, when a Bahamian jury was supposed to determine a cause of death.
Bahamian residents often have to wait years for inquests and it wasn't fair that Smith's was scheduled so fast, Gomez said.
Virgill was the lone judge in coroner's court. But Gomez ordered inquests from now on split among all judges - and booted Virgill off the Smith case.
"Partly because of the Anna Nicole Smith case, a number of persons have complained to the court how it is that this case is being heard in such a short period of time," Gomez said. "We are trying to get rid of that backlog."
After being removed, Virgill said Daniel Smith's death demands a public airing of evidence.
"The buck has to stop with me, to make decisions that are not popular," Virgill said.
Virgill is no stranger to volatile political news.
Her husband, Charles Virgill, was found shot to death on Feb. 15, 1997. He was campaign manager for the then-fledging opposition Free National Movement Party.
Police said the murder was a botched robbery, but party leaders have long suspected otherwise.
"I am but a civil servant. I serve at the whims of whoever," Virgill said yesterday of her ouster.
Gomez said Virgill will continue to hear some coroner's inquest cases, but not Smith's.
Daniel Smith arrived in Nassau on Sept. 9 to visit his ex-Playboy Playmate mom at Doctors Hospital. She had just given birth to a girl, and Daniel spent the night in his mom's room.
By morning, he had collapsed and died, despite the frantic efforts of Anna Nicole and doctors.
"If the reports state it's natural causes, there will be no need for an inquest," Gomez said.
Virgill bristled at suggestions that the inquest will be called off.
"You don't need to be a rocket scientist to make certain determinations at the end of the day," she said.
Gomez conceded he's feeling pressure to resolve Smith's death as quickly as possible. The judge said he didn't want his island compared to Aruba and the unsolved 2005 disappearance of Alabama tourist Natalee Holloway.
"We are anxious to get this matter cleared up," he said.
Additional reporting by David K. Li in New York
www.nypost.com/seven/09212006/news/worldnews/...
Charlene -
I doubt this guy will have any problems finding an attorney to represent him if he has all the documents he says he has. Theys seem to be coming out of the woodwork these days.
I don't know for certain, but I'd say all he'd have to do is have the judge holding Anna's DNA order a test against the boys to prove whether or not Anna is his mother. He may even be able to use another biological family members DNA to compare against his son's. I doubt Virgie would offer, but maybe someone else will.
Opri probably crapped her pants today when this story hit the news. Seems like he's looking for a big shot attorney. Wonder if she will end up representing him too?
-------------------------------------------------
3363. The indian guy would probably submit his child for DNA to match against that of Anna Nicole's....I would be interested to see if the boy is indeed her child and if he is you can bet Howard knows all about him...Which would make that "clause" in her will where she excludes any future heirs, husbands, etc. seem more plausible and would certainly explain why it was put in the will in the first place....
Someone should try to help this guy and see if he has a legitimate case....He claims to have all the bank receipts for the deposits Anna Nicole made in his account and the actual birth certificate whereby she lists herself as the mother and him as the father....I say he should produce a copy...
TMZ = GO AFTER THIS STORY AND SEE HOW IT PLAYS OUT!!!
Posted at 2:37PM on Mar 8th 2007 by Charlene
Oh, PuhLEEZE do NOT respond to the three individuals that jump from forum to forum, just to put in a word HK$..
They seem clever they seem smart ...but they speak NOT, from their heart.
They try to impress us with their vocabulary ...But we aren't impressed ...we are WARY.
They think that their RHETORIC sounds wise ...But we can "see" through all of their lies.
And just HOW do WE recognize Stern's evil SPIN? ...WE LOVE THE BABY DANIELYNN :)
(I've never written a poem ...but this was from my heart)
"Oh what a tanlgled web we weave when first we practice to deceive". This case just gets more and more involved. Now Fox News is giving more information on the day of Anna's death and doing a time frame.
Bet the Bahamas wish they had let her be buried somewhere else. Now they are complaining the tourists are tearing up their cemetary. Yesterday it was a tourist attraction. How one day can change things.
I hope Howard and his family are sleeping well.
God please look over that baby.
I think Howard is a user, it seems he has a money issue. what's with trying to make a deal with Birkhead about the finances of Dannielynn, are there real feeling for anna and her daughter or did he remain close for the purpose of a free ride or a possiblity to be named in the will. HE'S STRANGE SOMETHING NOT RIGHT.
I think Howard murdered Anna and Daniel. Anna Though it was either murder or assisted suicide-Which ever it is murder? I have been losing it, Thank God they are finally looking into both of the deaths. All Howard cares about is the money. I truly think Larry just wants to father his baby girl. Hopefully it will all come to a head. Bahamas was just to keep everyone away from Anna while he kept her drugged up
Christina,
In response to why HKS wanted Dannilynn - because he could sell her 'growing up' videos and better to have her around than the real father who might contest the joke of a will. If that child is Anna's - the will was written in July and the child was born in Sept. So, Anna (Howards puppet when on drugs) and of course Howard, intentionally wrote the child to be out. Hummmmmmm, again it sure would explain the odd wording of the will.
I'm sorry about the long post, BUT...
This is VERY informative. It will clear up a lot of things for those of us that do not understand Anna's weird "Will" that HK$ asked "RAR" to fax to him 5 days before Anna died.
"FindLaw For Legal Professionals"
writ.lp.findlaw.com/grossman/20070226.html
"The Continuing Legal Battle Over What the Late Anna Nicole Smith Left Behind: Her Body, Her Will, and Her Daughter"
By JOANNA GROSSMAN Monday, Feb. 26, 2007
In a column written shortly after Anna Nicole Smith's death, I discussed some of the legal issues that were still pending. In this column, now that three more weeks have passed, I'll update readers on new information and developments since then (including the ruling regarding Anna Nicole's remains), and the key issues that still remain to be resolved (such as the heir to her estate and the identity of Dannielynn's father).
Who Gets the Body? Anna Nicole's Infant Daughter
First, there was the issue of where Anna Nicole's body would be buried. (Reportedly, Smith had a will, but left no written instructions to the disposition of her remains there or elsewhere.)
Anna Nicole's estranged mother, Virgie Arthur, argued for Texas, where other family members are buried. But Smith's companion Howard K. Stern insisted that she would have wanted to be buried in the Bahamas next to her young son, Daniel.
In an odd, tearfully delivered ruling, Broward County, Florida Judge Larry Seidlin awarded custody of the remains to Dannielynn -- or, more accurately, as Dannielynn is an infant, her guardian.
In coverage, the melodrama has been conspicuous, but the legal basis for the decision has rarely been made clear.
Readers may well wonder: What law dictated that a five-month old baby be awarded her mother's remains?
According to Florida law, even if an individual leaves formal oral instructions regarding dispositions of remains, they will be honored -- as long as there is adequate proof of them. Several witnesses testified that Anna Nicole wanted to be buried next to her son, Daniel, in the Bahamas. However, the court did not believe the testimony amounted to adequate proof of formal, oral instructions.
In the absence of enforceable instructions by the deceased, Florida law seems to say that control over a decedent's remains belongs to her next-of-kin. The phrase "next-of-kin" can be used loosely, but in the law, its meaning is very technical: It refers to the person or class of persons who would inherit the estate if it had passed under the laws of intestacy -- that is, the laws that govern what happen if a person dies without a will. (While Anna Nicole reportedly did have a will, the hypothetical "if" still applies here to determine the meaning of "next-of-kin.")
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That person, the judge correctly concluded, is Dannielynn. That is unsurprising: Intestacy law commonly favor progeny over parents as "next-of-kin." As noted above, however, as Dannielynn -- at the ripe old age of 5 ½ months -- cannot literally decide where her mother should be buried, her guardian, charged to act in her best interests, will make the decision on her behalf.
Why Anna Nicole's Will Probably Lack Any Legal Significance At All
A week after Anna Nicole died, her lawyers released a will that had been executed by "Vickie Lynn Marshall" (Anna Nicole Smith's legal name) in 2001.
As of now, the will has not been submitted to be probated -- a proceeding in which the will's "proponent" asks a specialized court to recognize it as a valid will, appoint a personal representative for the estate, and permit that person to collect the decedent's property, pay debts and taxes, and transfer property to beneficiaries according to the provisions in the will.
But even if the will is probated, it very probably will have no effect at all on who inherits what. Here's why:
The Gift to Anna Nicole's Son, Daniel, "Lapses"
Anna Nicole's will names only one beneficiary: her late son, Daniel Wayne Smith. The will creates a trust to be administered by Howard K. Stern for Daniel's benefit, and provides that all her property should be put into that trust. Daniel was to receive support from the trust while a minor, and then to receive distributions of principal at ages 25, 30 and 35.
Although one can create a trust through a will -- the resulting device is called a "testamentary trust" -- it must meet all the requirements for a valid t
