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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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46.

what    

Andi.................................Howie do the right thing you must be loony on loony tunes. How do we know Anna said this to the Lawyer. Was it witnessed , Is there a signed statement? No to both of those question. Is this another of Anna's wishes we can't check because the dead don't speak. Wake up Mister. Anna's will does not provide for any further children or husbands. Written in black and white. The State need s to decide this issue not Howie slimy Grifter. If they decide that this is correct. Howie may loose some power. May not even be the appointed executor as hoe Larry wants him to be. He filed this for his own greed nothing more or less.

2472 days ago
47.

RoseSpanks    

This is nothing more than formality, remember the Will listed Daniel as sole heir. Howard is making a claim of Anna's unwritten wishes to leave everything to Dannielynn and him remain executor as previous Will stated.. Not sure if there was a protest as he now wants everything put into a Trust. Maybe big questions as to what has happened to funds so far. The new "trust claim" may be to make him look TRUSTWORTHY and not after money, kind of like the last trust lie with the funeral ET funds...

2472 days ago
48.

Liz    

Kim

Did you say let Dannielynn get the money at 18? Do you remember what happened to Daniel when he was turning 21?

2472 days ago
49.

LOL    

This is for those who think Anna Nicole Smut bonded with her children:

ANS leaves home to become a stripper. She dumps a NEWBORN baby named Daniel on her mother Virgie to care for while she whores around.

---> REPEAT: She dumps her newborn on Virgie to care for because she thinks whoring is more important than mothering her own flesh and blood.

For 9 or ten years Virgie - not Anna- cares for Daniel while Anna continues to whore around and look for sugar daddies. Virgie does a good job of mothering, Anna knows this because she let Virgie care for Daniel for almost a decade. She knows Virgie is a good mother because Virgie had 3 other kids who turned out just fine.

---> REPEAT: Virgie raises Daniel. ANS is out whoring, stripping, getting laid and getting stoned. For 10 years Virgie raises Daniel.

If Virgie was as bad as ANS and HK$ said, then why did ANS leave Daniel with Virgie to begin with, let alone for almost 10 years? If Virgie was as bad as ANS & HK$ said then it doesn't say much for ANS to dump a newborn on her mother while she goes out whoring.

REPEAT: All you idiots who believe HK$'s version of how awful Virgie is, PLEASE ANSWER WHY ANS DROPPED DANIEL WITH HER IN THE FIRST PLACE, AND THEN LEFT HER TO RAISE HER OWN SON? What's more important? Being a mother or a whore? Daniel turned out just fine thanks to Virgie!

During the decade Virgie was raising Daniel, there was minimal communication between ANS and him. Remember how Daniel was beside himself in joy at the prospect of seeing ANS while she was working on her 'reality' show and kept saying things like 'really? May I visit you mother? Really?

This does NOT show a close relationship.

Finally answer this - WHY did ANS and HK$ leave Daniel's body on a morgue slab for 6 WEEKS before burying him? Most people having lost a child would wish a speedy and loving internment, memorial service and honor for their child. They wouldn' t leave them inside a fridge on a slab.

IF ANS had bonded with her daughter, WHY would she take all those drugs when she was pregnant. Mothers with an ounce of common sense take care of themselves and know the dangers of drugs, alcohol and tobacco on a fetus.

WHY didn't Larry Sue and HK$ properly intervene when ANS was pregnant and taking drugs? Answer: because she was worth more to them stoned and under their control than healthy and lucid.

So it turns out that ANS was a clown after all, just like HK$ and Larry Sue.

---> I notice none of HK$ supporters can answer any of these logical questions I've posed, and the reflection of ANS BAD character, and of Virgie's GOOD character.

2472 days ago
50.

Twelve Days in Houston    

I am glad HKS as executor is taking care of DL for the rest of her life!

2472 days ago
51.

Twelve Days in Houston    

ET has the court docs regarding ANS's estate and DL. I cannot post a link of the .pdf file because it has the word docs in it....i am assuming why no confirmation : )

2472 days ago
52.

Boycot all Jesses Business    

That baby will never see very much money as long as Stern is allowed to control her money and her life. He will murder again.

2472 days ago
53.

IT IS WHAT IT IS!    



HERE IS ANOTHER OPPORTUNITY FOR LARRY TO PUT HIS FEET DOWN.


WATCH HIM WHIMP OUT AGAIN, THE PINK-PANTY-JERK!


2472 days ago
54.

IT IS WHAT IT IS!    

stern - the obvious - looking for a spin so that the subject shifts away from his obvious incarcertatoin - isnt that just like him?

who needs a lawyer who is behind bars to look after your child's intrests?

five me afreakin break willya!

2472 days ago
55.

Julie G.    

I agree with 48#by Marzipan. Anna's biological dad even said in his interview with Greta. He could not stand Howard at all, He said He would kill him and Howard made the mocking out of the whole immediate family of Anna's. It show me something about the family that Howard and Larry did not want you to see. Daniel left on a message to the private detective to meet him about having him checking Howard out just a few days before his death, because Daniel didn't trust Howard. I am not making up all on this. If you don't believe me, Why don't you go find this information from Greta on Fox news Channel archive.

2472 days ago
56.

Boycot all Jesses Business    

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,



Posted at 7:26PM on Oct 18th 2007 by World We Live In Needs Fixin ... Da Da Dum ... Lets Do It

GREAT LETTER !!! LETS DO IT FOLKS. No apoligy necessary World, keep posting. Thanks

2472 days ago
57.

Julie G.    

Let me clarify, repost of 55# It shows me something about the family that Howard and Larry did not want you to see in a positive way.

2472 days ago
58.

IT IS WHAT IT IS!    


===stern dont even star the spin
yu need to worry about your own arrrssee.
yu need to worry about the legitimate law suite Mo is about to put on yu.
but first you need to worry about a pair of matching braclets the bahamas is going to slam on your arrrssee where they will hole you so the FBI, DEA will
know exactly where to come for you.

get your sick maggot face outta here. MURDERER!!

2472 days ago
59.

IT IS WHAT IT IS!    



he sees the action coming and he wants to make sure he controls this child from a jail cell.

Hell, his lawyers probably know for certain now that he wont be around and they want to make sure they get paid so if they own dannielynn while hes in jail then they will get their money..

larry needs to step in and cut this guy off and cancel howard as dannielynns representative period. FIRE HIS ASSSSSSSS!!!!!!!!!

2472 days ago
60.

IT IS WHAT IT IS!    

blame larry jerkhead for any rights to dannielynn howard has or is trying to get.
larry is dannielynn's sole guardian.

this third-class lawyer worked for anna, NOT DANNIELYNN.
ANNA IS DEAD. SHE CANT HIRE ANYONE. HE HAS FULFILLED WHAT SHE HIRED HIM TO DO, AND THAT IS DISTRIBUTE HER WILL.

take his lazy-money-hungry assss out of the picture. PERIOD!

2472 days ago
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