Deal, No Deal

3346. 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!

Posted at 6:46PM on Mar 8th 2007 by Celebrity Status...Unknown

3347. 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.

Posted at 12:13AM on Mar 9th 2007 by Big Mike

3348. 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.

Posted at 5:51PM on Mar 8th 2007 by Christina

3349. * in our opinion should've been in YOUR opinion.

That Y really makes a difference.

Posted at 5:52PM on Mar 8th 2007 by Christina

3350. 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/...

Posted at 7:06PM on Mar 8th 2007 by Bonnie

3351. 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

Posted at 7:24PM on Mar 8th 2007 by Christina

3352. 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)

Posted at 7:33PM on Mar 8th 2007 by Bonnie

3353. "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.

Posted at 10:49PM on Mar 8th 2007 by Lamonica R.

3354. 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.

Posted at 11:58PM on Mar 8th 2007 by deaner

3355. 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

Posted at 1:27AM on Mar 9th 2007 by sherry bellingham

3356. 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.

Posted at 12:26AM on Mar 9th 2007 by wanna know

3357. 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 trust. Perhaps the most important requirement is that a trust must have a beneficiary -- someone for whose benefit the trustee manages the trust property. Here, Daniel predeceased his mother, and thus cannot be the beneficiary of this trust. The gift to the trust thus "lapses," in legal parlance.

(What if Anna Nicole will had left property to Daniel outright -- rather than in a trust? The very same problem would exist. A bequest to a beneficiary who predeceases the testator also "lapses.")

A lapsed gift must pass to someone else -- an alternative beneficiary specified in the will, the residuary legatee (that is, the beneficiary who is left "all the rest and residue" of an estate), or, if an applicable anti-lapse statute applies, the beneficiary's descendant. In this case, none of these alternative routes apply. Anna Nicole's will does not provide an alternate beneficiary, Daniel himself was the residuary legatee, and Daniel had no descendants.

The other possible route for a lapsed bequest -- the one that will apply in this case -- is that the property passes via the rules of intestacy (that is, death without a will). A jurisdiction's intestacy laws provide a kind of estate plan by default. That plan will dictate who gets what when a person dies without a valid will disposing of the entirety of her estate.

Here, since the will leaves everything to someone who is not eligible to take his share from the property that is the subject of the will (Daniel), then Anna Nicole's entire estate should and must pass through intestacy. Put another way, not even part of the will's bequest can be valid, for it all lapsed due to Daniel's death.

Dannielynn: A Pretermitted Child?

Anna Nicole's will includes a provision that states she has intentionally omitted any spouse or child (existing or future born or adopted) not specifically mentioned in the will.

The media has made much of this provision, since it is a clause more often found in men's wills than women's. The fear for a male testator is that his death will precipitate previously unknown children of his from surfacing to claim an inheritance. Women, in contrast, rarely (if ever) have children they don't know about -- and less often choose to disinherit those they do know about.

Some have speculated that Anna Nicole must secretly, somewhere, have another child she was trying to exclude. However, the more likely explanation for this provision is a much less intriguing one: It is simply that her lawyer wrote a "boilerplate" will, which she probably never read (or at least, did not read carefully enough to raise this issue) before signing.

What does such a provision mean for a child like Dannielynn -- born 5 years after execution of her mother's will?

To begin, children have no right against disinheritance in the United States -- only a right in some jurisdictions against accidental disinheritance. To protect against the latter, many states permit a "pretermitted" child to claim a share of a deceased parent's estate, even though the parent died with a will purporting to leave everything to others.

Who counts as a "pretermitted child"? Under many such statutes, only a child born after execution of the will, since that is the kind of child most likely to have been omitted by accident -- that is, by a simple slip of memory by which the will is not revised -- rather than by intent.

Dannielynn was indeed born after the will's execution. Thus, the presumption would be that she was accidentally omitted from her mother's will, and the court would remedy that omission by effectively writing her back into the will. But there's a twist: What about that rare-for-women provision in the will expressly disinheriting future-born children? Most courts would say the provision overcomes the presumption, and thus, Dannielynn, indeed, was validly frozen out of the will.

In this case, that would seem unfortunate and unfair. Photos and testimony make it clear that Anna Nicole doted on Dannielynn, and would never have intentionally disinherited her. Evidence also indicates both that Anna Nicole's death was unexpected, and that she was simply in no state of mind to be remembering things like the need to update her will at any rate. The idea that Anna Nicole intentionally disinherited Dannielynn is ludicrous.

Fortunately, though, there is yet another twist to the story.

Anna Nicole's Intestate Heir: Dannielynn

That is because, in this case, Dannielynn has another basis for claiming a share of the estate.

As I discussed above, the will gives everything to Daniel; the bequest of the entire estate fails because he predeceased Anna Nicole; and thus Anna Nicole's estate falls into intestacy. And in intestacy, Dannielynn is Anna Nicole's sole heir -- that is, unless proof arises that Howard K. Stern and Anna Nicole were legally married.

(Some reports say so, but none have been substantiated as of yet, so I will assume for these purposes that the two were unmarried.)

Intestacy statutes dictate who (typically, among the spouse and blood relatives) is entitled to the estate, and in what order. Here, since I am assuming Anna Nicole died single, Dannielynn is first in line. In addition, Dannielynn is not required to split the estate with Anna Nicole's mother, Virgie Arthur.

(This order is quite typical: Usually, a surviving spouse is first in line; lineal descendants -- children, grandchildren, and so on -- are second; and parents are third. Spouses and descendants sometimes share. If there are no descendants, a spouse might share an estate instead with the decedent's parents. But a descendant does not have to share with the deceased's parents.)

The Only Way Dannielynn Could (But Won't) Lose: A Finding of a "Negative Will"

There is only one theoretical way around the result that Dannielynn gets everything: a find of a "negative will."

A "negative will" has the effect of excluding a person not only from inheriting under a will, but also from collecting anything through intestacy. A classic example is a will that says only "My brother John shall have nothing." The testator's estate would pass through intestacy -- since the will does not dispose of the estate -- but John would be cut out of the intestate line of succession.

Is Anna Nicole's will a "negative" will with respect to Dannielynn, because it disinherits all future born children? One might argue this, but the argument is unconvincing: There is no basis for reading this particular disinheritance clause as reaching outside of the will to reach an intestate succession, as well.

Nor, as noted above, does it seem remotely likely that it would have been Anna Nicole's intent to disinherit her authentic and beloved future children. If Anna Nicole even read the clause, she probably would have seen it as protecting her beloved, authentic son Daniel against fraudulent claims against the estate by other purported children. Surely she would not have wanted the unhappy accident of Daniel's death, plus the oversight of forgetting to include Dannielynn, to leave her beloved, authentic child Dannielynn out in the cold!

Dannielynn, thus, should take everything. How much will that be? That will turn, in large part, on the outcome of the litigation over J. Howard Marshall's estate, (which I have written about in this prior column and this one), which is currently pending before the U.S. Court of Appeals for the Ninth Circuit.
...............
JOANNA GROSSMAN lawjlg@hofstra.edu
---
Joanna Grossman is a professor of law and Associate Dean for Faculty Development at Hofstra Law School in Hempstead, New York. Prior to joining the Hofstra faculty, Professor Grossman taught at Tulane Law School. She graduated with distinction from Stanford Law School, where she was elected to Order of the Coif. After graduation, she clerked for the Honorable William A. Norris of the U.S. Court of Appeals for the Ninth Circuit. She then served as a staff attorney at the National Women's Law Center in Washington, D.C., as the recipient of a Women's Law and Public Policy Fellowship. At the Center, she litigated cases involving sexual harassment in schools, employment, and prisons.

She practiced law from 1996 to 1998 at Williams & Connolly in Washington, D.C., where she worked on products liability and estate litigation. She has written about sexual harassment, women's jury service, guardianship, annulment, and adoption. Her other research interests include sex-based discrimination, trusts and estates, and legal history.

Posted at 12:28AM on Mar 9th 2007 by Bonnie

3358. Again, I agree, it would explain the wording of the will.

So I guess what you're saying is you think Howard wanted DannieLynn to be his daughter knowing she wouldn't inherit anything under the terms of the will, but believing he could sell videos of her as she grows. Right?

---------------------------
3390. 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.


Posted at 12:26AM on Mar 9th 2007 by wanna know

Posted at 1:33AM on Mar 9th 2007 by Christina

3359. What is this world coming to? If Howard is the father why won't he submit to a D.N.A. test to prove it. And if Howard ever believed Anna was pregnant with his child why in the hell would he supply her with drugs! He is NOT Dannilynns DAD!!!!! If he was keeping my baby from me- I'd seriously have him messed up. He kept Anna doped up,it's sooo obvious. Look at the video he made of her at 8 months pregnant! SICK-DISGUSTING!!! You can here Howard say this would make millions, and she's so out of it she can't respond. Howard try to have a little dignity in the end-Give that poor baby to her father!!!! Before EVERYONE HATES YOU!!!! Do you believe in KARMA??????? You should! And you need to do whats RIGHT!!!! If your worried about money- write a book for christs' sake! Be a man! give Dannilynn to her real DAD!!!!

Posted at 1:57AM on Mar 9th 2007 by cindy gentry

3360. IMO, Stern is responsible for the death of Marshalls step son, Daniel and now Anna. It was a premeditated plan to secure him all of the $. and I think Moe and his wife were in cahoots with Stern at some point. What nurse would choose to call her hubby before 911 when you think your patient is not breathing? And why would Moe call Stern before he called 911 fromt he car? Things just don't sound legitimate. I hope the feds figure it all out and nail the guilty parties.

Posted at 4:56PM on Mar 9th 2007 by Just me