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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.
622 COMMENTS

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31.

As I see it    

OK, MR. Duh! Howard is no saint, your filthy mouth should be eliminated right away so you will be banned shortly. Put in your last few words because you will soon be joining Wacko ,Faye and the rest of the biddies in the cave for lack of a better place to spew filth and lies. Adios!

2469 days ago
32.

Method, motive and means    

So in light of the story ... and I apologize for filling the blogs with this ... but if anyone would send this letter and a copy to your congressman ... I'd sure appreciate it. Thanks.

Mr. Edmond (Jerry) Brown
Office of the Attorney General
P.O. Box 944255
Sacramento, CA 94255-2550

Dear Mr. Brown:

I express my appreciation that you are addressing an outrageously ridiculous situation in the Anna Nicole Smith tragedy that exposes obvious corruption. While the public has watched in disbelief you have emerged as a no-nonsense hero. You have absolute support in this investigation and in taking control of jurisdiction.

I ask that you use this situation as a message not only to the medical community but also to all fiduciaries, legal authorities, and politicians. Besides the obvious suspicions, the case exposes weakness in our system that results in legally taking another’s assets for personal gain despite what would be the logical and moral intent of the owner of the assets.

1. Joint Tenancy – it is wrong that one can filter money from a person and the heirs of that person and even the creditors of that person by right of joint tenancy outside of a will and an estate when one contributes none of their own funds to bank accounts, property and corporations. The system allows, legalizes and protects exploitation of an elderly or weak-minded individual by caregivers and greedy family members. It happens all the time. The laws need to be changed as they are designed to protect financial institutions.

In general, it is the rule the surviving joint tenant is legally entitled to own all of the funds in that bank account – regardless of anything the will does or does not say. A will can only dispose of an estate's "probate assets". Financial-institution accounts such as bank accounts are considered "non-probate" assets. Each state has it’s own laws, but they need to be changed. Israel for example says everything is covered by a will. I believe this joint tenancy is a caveat most people don’t understand until they are faced with the reality that someone with influence over another can legally take advantage of a person’s assets. Upon a person’s death or incapacity it puts the burden of litigation on the damaged party.

2. Probate – this is a powerful issue. It is too easy for a Probate Judge to make appointments for someone who cannot speak. How often do friends of judges profit by their appointments as executors and guardians? Why, when asked to appoint someone to act in a protective capacity do judges bypass capable family members? Probate court is a fertile ground for lawyers to unjustly enrich themselves and of course if they have a fellow lawyer who just happens to be a friend wearing a black. It creates the scenario wherein entire estates are lost by heirs to the system of guardians and executors and their fees. This needs some outside scrutiny. It is too common.

It is the situation created by the first issue that creates an environment where greed is legalized and obvious suspicions can be raised upon the demise of the owner of assets. It is the second wherein an entire estate can be taken from the heirs to benefit judges and their friends.

Please relay to our legal authorities and politicians in every state that these two issues need to be addressed for the benefit of the public. Perhaps you could make a mention of the issues in one of your press conferences as a challenge to our lawmakers.



Sincerely,

2469 days ago
33.

Liz    

IMO Howard had two good reasons to keep Anna drugged up after Daniel died even though she was pregnant. He didn't want her to testify at the inquest & didn't want any heirs.

Why do you all think he's been dogging Virgie so long & fought so hard for the body.? I've never heard of someone who is in no way kin or married to a person who fought for a dead body. What use did he have with a body? All you need is half a brain to figure that one out.

2469 days ago
34.

MsTeal    

What does Howard REALLY have up his sleeve?
We all know he has another agenda other than Dannilyn's estate.

2469 days ago
35.

carol    

Please check your facts. IT IS MY BELIEF MARSHALL DID NOT LEAVE MUCH OF HIS HUGE ESTATE TO Anna. He was very generous with Anna and gave her a lot of money and/or property when he was alive which she went through like water. It was her contention
he meant for her to have his huge estate. He said he did not, his son said he did not and Dannielynn wouldn't deserve anything because she was nothing to Marshalls at all. Anna was trying to get herself more of Marshall's money but he never intended to give her more than he did which was very generous at the time. HE DID NOT LEAVE HER HALF OF HIS HUGE ESTATE

2469 days ago
36.

Ashley    

21. I think Howard should get some of the money. All those years he took care of Anna's interest and go very little money in return. He should do interviews and get something. Everybody else is and so should he. He should screw everybody's opinion and just do it!

Everytime there is a slight chance Howard to make 1 penny everybody comes out of the woodwork to crucify him while ol' Larry Birkhead gets nearly a six figure digit the big celebration girl. I'm knocking Larry, he seems to be a good dad. But Howard should have his share to.

Posted at 6:45PM on Oct 18th 2007 by Justdoit

You're kidding right,NO ONE made Stern give up anything to take care of Anna,look where that got Anna,"DEAD" he didn't do a very good job,how many lawyers do you know move in and live off their ONLY client.He meant nothing to her,except for being the only person that wouldn't tell Anna NO,and do everything she told him,even down to her last drink of CH.He did this all to himself,he and no one else.He has only his self to blame for the situation he's found himself in,There's a name for men who live off woman,if he didn't want to be that,he could of kept his law practice,had other clients,paid his OWN way,bought his own shoes,he deserves all the bad press he's been getting.The only thing he may deserve would be his percentage from any money from the Marshall estate,which I hope never settles.
He should be arrested for forgery,getting Anna drugs in his name,lieing under oath,telling the whole world DL was his,slander,and a laundry list longer than his nose.
I for one hope there are a lot of people doing more to find out what he did with all of money he took from Anna,remember he hadn't earned but $12,000.00 since her show,now you tell me where is all her $$$$$$$$$$$

2469 days ago
37.

Bahama Mama    

Howard K. Stern is a grifter and so is Larry Sue! How dare they loot Dannilynn's trust fund! Don't blame Milstein you grave robbers! Larry Sue is the most sickening of all when it comes to Dannielynn's money! Larry's Gay parties and Hawaiian vacations! Doesn't he know people are laughing at Larry Sue now and his disgusting relationship with the murderer and Dr. Death? Howard is delusional!

The Marshall money will never come! We all saw the tape of Marshall denying Anna half of his hard earned estate... Anna was a user and grifter as well...

2469 days ago
38.

ORPHANS IN UNITED STATES NEEDS JUST AS MUCH HELP , STARTS AT "HOME ( USA )    


HOWARD K STERN IS MONEY HUNGRY , DON'T LET HIM

FOOL ANYONE ..............THATS EXACTLY WHY HE DID THIS .......

SO HE CAN GET HIS CUT TOO .......HE HAS NO JOB , NO PLACE

TO LIVE , EXCEPT FOR MOOCHING OFF EVERYONE ELSE .

HE'S A MOOCH

2469 days ago
39.

val    

HOWARD dead Daniel

DANIEL WHO KNEW HIS MOM WAS GOING TO BE KILLED BY DRUGS AND HOWARD K STERN AND TOLD THE PRIVATE INVESTIGATOR HE MET AT PATYS IN TOLUCA LAKE ONLY 4 BLOCKS FROM LARRY'S APARTMENT ... Daniel didn't call Larry because he didn't trust him, and Anna didn't trust him ... THAT TELLS YOU THE CRIMES THAT HAVE BEEN COMMITTED AND COVERED UP ... this is murder

HOWARD dead Anna

HOWARD and LARRY new best friends

HOWARD and LARRY spending all the money together

HOWARD AND LARRY SPENDING ALL MARSHALL'S MONEY TOGETHER
HOWARD AND LARRY SPENDING ALL DANNIELYN'S MONEY TOGETHER

MURDER AND NO MYSTERY



2469 days ago
40.

Get a job Howie    

Wonder if this has anything to do with his claims to the Horizons. Something smells.

2469 days ago
41.

kim    

The OLD Man had dementia! oh please. So when did his dementia kick in after eating lunch and dinner EVERY day at the strip club, after pouring $100 bills into many girls bikinis, after Anna Nicole performed sexual acts on him! Please this old man knew what he was doing and was using Anna just as much as she was using him. I think Daniel Lynn deserves the money. I am more confortable with her having the money than Anna. Daniellyne is 100% innocent and prior to her 1st birthday lost a brother and mother. Regardless how you felt about ANS her daughter is innocent and pure. They should just have her inherit the estate at age 18 then she canmake decision what to do with the $ not Larry or Howard.

2469 days ago
42.

Sharona    

I watched the Anna Nicole show twice, (yes, I'm embarrassed!) She came across as headstrong, stubborn, not very bright, and generally impaired. I have not doubt that it was her way or the highway. If she wanted to stay drugged all the time, then dammit, she was going to. I believe Howard Stern did the right thing in filing to have the baby declared the sole heir of AN's estate. I would not want to see that vile mother of Anna's receive anything from the little girl's potential inheritance.

2469 days ago
43.

Julie G.    

For you people crazy about Howard or are defending Howard, Your nuts! Howard knew Anna having the problem with drugs for a long time. Even worked with Erinovach, giving her the instruction when to take or what not to take! Back then, He was not interested in fighting to get Anna get well til Anna died, All sudden of a heart change, Howard started fighting for her legacy to stay alive and stand into her inheritance money. He reserved all the energy for it to happen! What a jerk!

2469 days ago
44.

Barb    

This is the right thing to do. I'm happy Howard is covering all the legal bases. Dannielynn is the only direct and closest blood relative of ANS. I also think she'd want it that way for Dannielynn.
Off this topic, I'm surprised at how many seem to have turned on Birkhead. He's the father and it's his responsibility to make good decisions regarding Dannielynn. So far, I think Howard and Larry have been terrific in putting her interests first. That includes keeping Virgie far away.

2469 days ago
45.

PUBLIC SAFETY IS AT STAKE    

Mr. Wonderful's trying to a do a little more 'distraction,' but it's JUST a little too late ...

2469 days ago
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