$$$ Issue Lingers Between Birkhead and Stern

76. Bless his heart, Larry is the father...what a great thing..........

Posted at 5:21PM on Apr 10th 2007 by armymom

77. The Corporation that Howard ran for Anna has tanked and the IRS has closed it down for back taxes owed. How can anyone trust him to handle the estate. When the Marshall's settle he will as ONE of the attorney's in that case get his attorney fee - I believe 6%.

Larry should still be careful - Howard will try to convince him to let him get involved with the monies coming. Larry can hire his own Accountant or have his Bank be the Trustee for the baby.

Howard's offer to let Larry stay at the Horizon's as long as he wants should be looked at very cautiously. We don't need another drama of a problem at that house.

Posted at 4:52PM on Apr 10th 2007 by Helen

78. Words from the international lawyer
http://www.theipinionsjournal.com/


Tuesday, April 10, 2007
Birkhead’s the Daddy! Duhhhh...now what?!

[N]otwithstanding cultural biases and legal precedents that favor mothers and grandmothers in custody cases, I submit that, under these circumstances, if Birkhead were found to be the father, it would be in the best interest of the child to award him, not Anna Nicole’s estranged mother, Vergie Arthur, legal custody. [from “Resolving the legal mess Anna Nicole left behind”, The iPINIONS Journal, 29 March 2007]

As suspenseful reports go, today’s revelation that Larry Birkhead, not Howard K. Stern, fathered the late Anna Nicole’s “million-dollar” baby was, at best, anticlimactic – as my opening quote makes patently clear.

But, despite shameless efforts by American TV producers to manufacture drama to boost ratings, you could (and should) also infer from this quote that it’s only a matter of time before our Bahamian courts award Birkhead sole custody of his daughter.

Therefore, ignore the legal pundits who suggest that the judge will balance chauvinistic and parochial prejudices that invariably favor granting guardianship to a grandmother instead of the biological father. Because that’s utter rubbish. More to the point, however, there is no evidence to suggest that Birkhead would be an unfit parent; whereas, there is relevant evidence, including Anna Nicole’s own damning (even if drug-induced) words and the documented troubles of her other children, to suggest that Mrs Arthur would not be a very fit parent at all.

Moreover, the suggestion that Mrs Arthur might be favored because she has set up an expedient home in The Bahamas insults the intelligence of Bahamian authorities almost as much as it betrays the ignorance of the person making this suggestion. However, for the record, The Bahamas has no long-term interest in Dannielynn. She’s not a Bahamian citizen, notwithstanding ostensibly-informed assertions to the contrary. In fact, she’s a U.S. citizen. And can only become a Bahamian citizen by taking prescribed legal steps once she’s 18 years old.

Meanwhile, as soon as Birkhead obtains a passport for her from the local U.S. consulate, he and she will be free to leave The Bahamas for California, without any legal obligation to ever return. But I admonish Birkhead to make no deals with Stern and keep him as far away as physically possible (and by a court-ordered TRO if necessary). Because his mercenary interest in Dannielynn is not only unseemly; it's potentially dangerous (displaying as he has the homicidal pathology of women who cut the fetuses from the wombs of other women, and then fancy themselves birth mothers). Indeed, who, but a psychopath, would hold a little child hostage in the open and notorious way that he has, and then have the balls to show up at a paternity hearing - with as much public interest as this one has generated - knowing full well that there’s no way he could be the Daddy?!

So, simmer down folks. Legal cases in The Bahamas proceed with proper judicial speed, not according to the whimsical dictates of American TV producers. But as I said sometime ago, this should all be over by the end of April….

NOTE: I imagine a few enquiring minds would like to know what has or will become of Anna Nicole’s alleged Last Will and Testament, which Stern presented in evidence in the Florida court to assert his authority - as executor - to have her buried in Nassau. But whatever its validity and provisions, it will never be probated in The Bahamas. And this is so because it was not drafted there and nothing in Anna Nicole’s estate, such as might exist, is situated in The Bahamas….

Posted at 4:52PM on Apr 10th 2007 by HMMM

79. Finally, some closure. Thank goodness for the outcome.

Posted at 4:53PM on Apr 10th 2007 by glee

80. just for you howard k as$wad!!!!!!!!!!!!!!!!!!!! http://www.youtube.com/watch?v=oGUaaEN7_-s w0000000000t FINALLLLLLLLLLLY SOMEONE KNOWS WHAT THEY ARE TALKING ABOUT WHEN IT COMES TO THE TRUTH *YAHOOOOOOOOOOO FOR LARRRY*

Posted at 4:53PM on Apr 10th 2007 by amber-dawn

81. Now that the truth is out Larry being the real the father of Danny why would any court think of making Stern the trustee?? I mean has anyone declared Larry unfit? Why should a stranger non blood family have anything to do with her estate, and that's what Stern is. He knew it, why all the delays and all his lawyers knew it so I don't feel sorry anyone of them especially that that barth ....hahah all her declaring this and delcaring that you were just a clown like Stern. I don't care if Nancy Grace said Stern was being a man about it after he lost. He carried this sham on till today knowing very well who the real daddy was, as far as I am concerned he kidnapped that baby. If I were Larry I would take Dannylyne and get the hell as far away as he can from Stern, wash his hands of him, find a way to get lost . Larry is quite capable of taking care of his daughter as for seen for now. I bet any money Stern will try to keep his foot in the door and I hope Vergie will do her best to keep Stern away from Dannylynne. And all Vergie said was she wanted to be the grandmother....so let her be it, Vergie has to understand and except it has to be on Larry's terms...All grandparents if not all have terms when they babysit their grandchildren why should she be different. Our children don't raise their children the way we rasied them..things change and Vergie should accept it...visitation rights, yah sure why not, babysitting sure, she can share her ideas but when it comes down to it, the parents always will have their way, and why shouldn't they. Vergie has to get use to being just a grandmother, nothing to do with her trust fund etc that is the parents/ in this case daddy's job as a parent...That baby has ajusting to do......and so the sage ends .....or does it??........lol@me

Posted at 4:54PM on Apr 10th 2007 by salvadda

82. I dont think eithor one of them should get the money. I think it should be set up in a trust for Dannielynn until she is 25 where no one can touch it. I think Larry will get enough from selling his story to raise the baby and doesn't need that money. After all money does do strange things to people. I think Dannielynn needs some one diffrent all togethor to manage the money and I dont really think Birkhead wanted the money just the kid.

Posted at 4:53PM on Apr 10th 2007 by Stacey

83. Let's see...who got the case before the SUPREME COURT OF THE UNITED STATES? Stern or Birkhead? Of course Stern should by all rights be the administrator, executor of her estate. If it weren't for him...Birkhead would not even have a rainbow, much less a pot at the end of it.

Posted at 4:56PM on Apr 10th 2007 by STERN BABY

84. The will as it now stands is in affect null and void. It was written before the birth of daughter and son is dead. There is only one sole heir, daughter. Any court whether USA or Bahamian will recognize this.

Posted at 4:55PM on Apr 10th 2007 by JoJo

85. jeesh!! everybody should just shut up!!! Anna had a screwed up life mostly due to her sicko mother, no matter how much we loved Anna, she was a drug addict, so was her son. Howard loved her but he was her enabler, he provided the drugs to her. Larry did not get involved with Anna out of anything except wanting fame and fortune so he used her as well. way back when he was wanting custody when Anna was alive he was also wanting child support, everybody seems to forget this. the ONLY innocent in this is the baby. Now if Howard and Larry can work together and show this child love and support so she can grow up healthy and happy, then so be it. and nobody should be able to touch a penny of whatever money Dannielynn gets until she is an adult and can have a say in it, if she wants to give it to her dad then fine. it should be held in trust for her until then. and the Marshall family should just do the decent thing and provide a trust for the girl, not as much as is being fought for but a few million set aside, they can afford it and Anna earned it for what she has went through. Howard Marshall was using her as well. The poor woman was used her whole life so she did whatever she had to in order to survive. Larry should support the baby on his own, even if it is a modest lifestyle. I hope Howard can stay in the babies life, but not the grandmother. she is just going to exploit that baby every chance she gets for every penny she can get. thats all i have to say. :)

Posted at 3:19AM on Apr 11th 2007 by alybear72

86. Howard should not be the trustee. He has been handling ANS's financials for years. I don't think he is capable. ANS had made a lot of money over the years just being ANS. Yet, her estate is pratically broke. Ever heard of a budget.

Posted at 4:57PM on Apr 10th 2007 by Jill in Georgia

87. I doubt if Dannielynn will get a dime from the Marshall estate. Howie needs to get out of the picture now.

Posted at 5:23PM on Apr 10th 2007 by Practical

88. 57. From Legal Times:

She's no million dollar baby: After the courts rule, Anna Nicole Smith's daughter probably won't get the big estate, Legal Times, April 9, 2007. By Horace Cooper.

Excerpt:
"When it originally invoked the 'probate exception,' the 9th Circuit panel didn't rule on the merits of either the federal bankruptcy court or the federal district court decisions. With the Supreme Court's narrow opinion explaining that none of the Supreme Court's earlier cases endorsed the notion that federal courts couldn't independently weigh in on probate matters, the9th Circuit now will have to deal with the merits.

"In that context, the most compelling question for the 9th Circuit will be a determination of which court -- the federal bankruptcy or district court or the Texas probate court -- issued a final judgment first. Chronologically the Texas probate case started first, but the federal bankruptcy court issued its verdict first. The 9th Circuit panel reviewing the case will have to determine which decision counts as the first 'final judgment.'

"There are two issues here. First, the federal district court vacated the ruling of the bankruptcy court and reviewed the matter de novo. It did so after the Texas probate trial had concluded. If this decision about vacating the bankruptcy ruling is upheld, it would mean that the bankruptcy ruling has no effect for purposes of res judicata -- that is, neither the bankruptcy decision nor the federal district court's ruling were final judgments for this purpose.

"Second, even if the federal bankruptcy court's ruling was final and determined to have occurred first, there are serious questions, relevant to judicial economy and the principles behind res judicata, about the evidentiary record used by the federal district court.

"A review of the record indicates that whereas the Texas probate trial took nearly six months to sort through all of the legal and evidentiary issues before reaching a conclusion, the federal district court was able to do so in a few days. How? Primarily by reviewing many of the depositions from the concluded Texas probate trial and also by disallowing most of the witnesses that Pierce Marshall sought to call.

"Such an approach has the advantage of expediting matters, but it severely constrains the ability of the court to weigh all evidence necessary. Depositions are useful, but they are not an equal alternative to witnesses testifying subject to cross-examination. As a result, there are serious questions about the sufficiency of the record that the district court relied upon. And such an outcome is contrary to the benefits of res judicata -- which is to allow subsequent courts the ability to rely on the findings of fact of earlier courts.

"Additionally, judicial economy would dictate that the Texas probate court (as a specialty court) should be given greater deference and weight in making these determinations. In this case, the probate court took nearly six months to reach a determination. Casting aside its work will not be done lightly.

"Together, judicial economy and res judicata militate against the 9th Circuit directing a brand new trial to determine the validity of the Marshall will or estate plan. Accordingly, no one should be surprised when, at the end of all the proceedings, it is the original Texas trial verdict that determines the disposition of the Marshall estate. When that occurs (as it almost certainly will), Marshall's money will go to his son -- not to Smith's estate, her child Dannielynn, or Dannielynn's father (whoever that may be)."

In short, Dannielynn is most likely not entitled to any part of the Marshall fortune. She will have whatever Anna left and whatever her daddy can provide for her.

Posted at 4:51PM on Apr 10th 2007 by Res Judicata


So, in summary, you're saying . . .ANS was worth more dead than alive: as an "icon" whose "image and likeness" could continue to make money. Hmmm. I wonder who el$e had that figured out . . . in Florida . . . at the Hard Rock Hotel? The sole-surviving owner of her corporation, maybe?

Posted at 4:58PM on Apr 10th 2007 by Diego Chick

89. I AM SO HAPPY FOR LARRY.
AS FOR HOWARD AND THE MONEY, I THINK THAT MAN HAS GOTTEN HIS SHARE ALREADY, HE LIVED OFF ANNA FOR YEARS, AND SHE BOUGHT AND PAID FOR ANYTHING & EVERYTHING. HE SAID THE MONEY DON'T MATTER TO HIM, BULL I DON'T BY IT, IF THAT WERE THE CASE HE WOULD OF BEEN OUT MAKING A LIVING, NOT LIVING OFF A PERSON THAT WAS KEPT DRUGED FOR MONEY GAIN ETC.
WHERE IS THE BOAT ? HOWARDS HANDS ARE DIRTY, AND I TRUELY THINK BOTH DEATHS SHOULD BE LOOKED INTO, IF HOWARD HAD TO TAKE ANNA TO THE BATHROOM, THE MORNING SHE PASSED AWAY, AND THAT MED WAS HIDDEN FROM HER, WELL ONE WOULD THINK SHE WAS NOT STRONG ENOUGH TO LOOK FOR IT, , SO AGAIN WHO GAVE IT TO HER, THEN ACTED STRANGE, ? THE BODY GUARD STATED HOWARD ACTED NERVOUS.
THE POLICE IN FL WHERE SHE DIED, DID NOT DO A GOOD INVESTAGATION, SOMEONE NEEDS TO STEP IN, BEFOR SOMEONE GETS AWAY WITH 2 MURDERS.
THANKS ....CHERC

Posted at 9:18AM on Apr 11th 2007 by cher c

90. Whether the baby inherits anything from the Marshall estate or not, she will have the rights to her mother's name and likeness. Granted, it isn't the best in the world, but ANS especially in death is getting lots of publicity.

Posted at 10:23AM on Apr 11th 2007 by Getsthefacts