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Stern Wants to Declare Dannielynn Anna's Sole Heir

10/18/2007 6:40 PM PDT BY TMZ STAFF

Anna Nicole Smith, Howard K. SternHoward K. Stern filed papers in a Los Angeles County court today, asking that the one-year-old daughter of Anna Nicole Smith be named the sole heir to the former Playmate's estate.

Anna Nicole named Stern, her longtime lawyer and companion, as executor of her estate in the 2001 will. Stern filed the position to clarify Anna's will -- which did not include her daughter Dannielynn, born last year.

When she drafted her will, Smith only had her son Daniel, who died three days after Dannielynn's birth. The will states that "although she did not expect to have any children in the future, if she did, she wanted them to share
equally in the trust created for Daniel ..."

Stern's petition says Anna Nicole did not update her will during the five months between Daniel's death, Dannielynn's birth and her own death on February 8. "As a matter of law, Dannielynn is a pretermitted heir," the petition states. A "pretermitted heir" is a person who likely stands to inherit under a will, but was not named in the document because the will's author did not know the heir existed (or would exist in this case) when it was written.

Baby Dannielynn, who currently lives with her father photographer Larry Birkhead, stands to inherit millions of dollars from the estate of Anna Nicole's late husband, oil billionaire J. Howard Marshall. Marshall left much of his huge estate to Anna, but his family has contested the will. A legal battle over Marshall's last wishes has been going on for years.
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1.

Nikki    

I think that Danielynn should inherit all of Anna's estate because that is still her daughter. Even though everyone says that Anna played J. Howard Marshall that shouldn't matter she made him happy apparently in his last days, if she didn't then he wouldn't have left her anything and now that Anna Nicole is no longer here and neither is Daniel, Dannielynn should have it all. Larry Birkhead should only get enough to take care of her and the rest of it should go into a trust fund for her. I also think that Larry Birkhead will be a good father for her and Howard should also be apart of Dannielynn's life because he was also there in the beginning and he was apart of Anna Nicole's life and Daniel's for such a long time, he could probably share some great memories of their lives with her. I'm sure that when she get's older that she would love to here about her Mother and Brother that Howard would be able to tell her because Larry didn't know them like Howard did and Larry would more than likely tell her all kinds of bad things about them and she does not need to hear stuff like that. Howard fight for some kind of visitation of Dannielynn. She needs you as well as she needs her other family. She needs people to love her since Anna Nicole and Daniel is no longer here to share their love with her. Everyone needs to let her know how much her Mother and Brother loved her.

2499 days ago
2.

get a life    

I BELIEVE THE MONEY FROM THE OIL TYCOON SHOULD GO TO HIS FAMILY, THEY ARE THE PEOPLE WHO HELPED WITH THE STRESS OF OWNING A BUSINESS, ANNA NOR HER ESTATE SHOULD SEE A PENNY, THAT SAID , AND THE FACT REMAINS, NO LAWYER, OR PHOTOGRAPHER OR BABY SHOULD GET THE PROCEEDS, PEOPLE SHOULD WORK FOR WHAT THE RECEIVE....HOWARD STERN IS THE ONLY ONE WHO HAD PART IN THAT MESS, WITH LEAGLE ASPECTS AND ALL...HE GUIDED HIS CLIENT WITH THE SCAM,,,HE SHOULD NOW SAY,"GIVE THE MONEY TO THE MARSHALL FAMILY" AND I THINK WE WILL ALL SEE THE OTHER SIDE OF HIM..I STRONGLY BELIEVE HE HAS THE INTEGRETY............

2497 days ago
3.

Cheryl    

does this suprise you? & Larry, he had the whole WORLD FOOLED! he is just like Howard K Stern-A NO GOOD BUM!! not all people are STUPID!! Anna's son died of DRUGS in a foriegn country "THE BAHAMAS" & ANNA DIED at a hard rock hotel in Florida BUT+ this is on INDIAN GROUND! Ha! Ha! Ha! what a crock of shi. go to hel. to the both of these no-good men, or is it men? & Dannielynn, well she is a beautiful innocent baby girl! BUT, I wont contribute to any tabloids or magazines that have her on it, & thats because HOWARD K STERN & LARRY BIRKHEAD or the men who get the money! I say a judge should step in & get all the money that was made on Dannielynn & put in a trust unto she turns 21.. & make those no-good bums GET A JOB!! & remember, MURDER IS A CRIME!!! THE LAW SHOULD ARREST ALOT OF THESE PEOPLE!

2518 days ago
4.

kiki    

wonderful news

2570 days ago
5.

Only swim in the Ocean    

Earth, so big and round.
With her cheap poetry she does astound.
Your gloating is at best
A cheap shot that needs to be put to rest
Or your typing fingers should be bound


She belittles and scorns.
With her dark heart, all shriveled and torn.
You can’t listen to truth
Even when confronted with all the proof
You are hurting a child that has just been born


You should put your words to good use.
Instead of lines filled with abuse
A tragic accident
A story written so bent
Antinoids are losing and so obtuse

2570 days ago
6.

Ugghhh!    

OH QUIT IT.......Howard. Danilyn was never never related to Howard Marshal. Why should she and that nasty Birkhead get any more money? Besides the old man had demenia and Anna played him and us as fools.

2570 days ago
7.

Only swim in the Ocean    

Fairy Birkhead and the spawn child should not get a penny.

2570 days ago
8.

diana g    

umm, she should be the only heir, except then that means Larry gets to spend some of it to care for her.

2570 days ago
9.

mariaarduini    

this man is so awesome. Screw all u people who want to villify him and he truly loved anna and let this woman rest in peace and to rita cosby you finally are getting what you and that bitch mother of hers, or so called mother, gets. Hope you have fun in court all these years to follow, because you are making a mountain out of a molehill.
Way to go Howard, you really are wonderfull.....

2570 days ago
10.

macieGray    

WTG Howard. Dannielynn is and should be named sole heir.
But I'm sure Virgie will file papers to try and stop your request. Everyone knows she wants the money, she doesn't care about Dannielynn.
Keep fighting Howard.

2570 days ago
11.

Jon's a grwon man...he did this to himself!    

So what is Stern really up to? His hatred is eating him alive.

2570 days ago
13.

PUBLIC SAFETY IS AT STAKE    

Told ya.

2570 days ago
14.

Jon's a grwon man...he did this to himself!    

Does Stern's petition mention that Eroshevich discussed with Anna updating her will after Daniel died? Eroshevich is heard talking about the discussion in a clip on ET.

This will should have been thrown out. Pure and simple.

2570 days ago
15.

SuperStarSteve    

He still gives me the creeps. Kept Anna in the drugs and most certainly was around when she did them and he was there when Daniel OD'ed and died. An orange juiced sized half gallon carton of methadone in the fridge... now he wants to make Dannielynn the sole heir so he can spend a lifetime shaping her head in his favor. I dunno about this guy. Whatever happened to the California bar investigation of him? I always thought the attorney/client relationship was breached inappropriately when Anna Nicole was his 'client'. He morphed from just being the attorney to actually having a sizeable stake in the estate, then wouldn't do a paternity test to establish that HE WASN'T the father. Too much funny business.

2570 days ago
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