Anna Nicole Smith Marshall

[Dihannah1]

No water for newborn babies. This is so very tragic. A person with the means to care very well for a child and instead this (drug use, etc.).

I'm starting to think that AN may have been not only an addict, but had Bipolar Disorder, too.

And yes, she did treat badly the female assistant who was on her show. She made her go on an amusement ride despite the woman being quite terrified of doing so.

These are all prime symptoms of Narcissm also...

[Dihannah1]

Hi Mrs. Red.  You really think he murdered both?  If his intent is the money, why would he have done both in such a compressed timeframe (arousing great levels of suspicion anyway) - and why wouldn't he have waited until ANS and he were married?  Do you think the "commitment ceremony" is legally binding for anything?  I don't really know...but I would think that if what you're suggesting was his game plan, he wouldn't have taken any chances legally.

All this AND assuming they get awarded the money from Marshall's estate.  Everybody seems to forget, there are still many years of court cases to go through for this and no guarenttee.  The supreme court only tossed it back down to the courts to be 'heard' again.  So I believe HKS would have at least waited to be legally married first and even seen that the money was/is going to come.  I think Annie came closest to the scenario between him and AN.   His biggest mistake was by enabling her and being stupid.

There is NO guarentee AN is going to get Marshall's money nor Dannielynn.

[Frijole]

Tonite on Nancy Grace they showed some new photos of little Dannielynn - that showed her pretty little face.  I gotta tell you - every time they showed them all I could see was Larry Birkhead's face - especially the eyes.. anyone else notice that?

[AnnieMW1]

Tonite on Nancy Grace they showed some new photos of little Dannielynn - that showed her pretty little face.  I gotta tell you - every time they showed them all I could see was Larry Birkhead's face - especially the eyes.. anyone else notice that?

YEP!

[San]

I watched a little bit of Greta tonight and I thought I heard a lawyer claim there was a will.  Did anyone hear this?

[nonesuche]

San-

Yes it was mentioned there but also within the court proceedings today, by Howard's attorney so obviously there is a will.

I don't like Howard anymore than most here but I also have a suspicion that AN was definitely a self-indulgent person, who often obviously indulged in numerous sexual liasons and many risky behaviors. Could she have been a sex addict along with drug addictions? TMZ reported the methodone was prescribed to her, and also shows a photo of her with the LA physician who prescribed it?

I am beginning to wonder if living with AN was similar to trying to manage an out-of-control teen? Only problem is, by law, she did have control of her life for she was an adult. I think it would have required a court order for Howard to have forced her into rehab as well? Why wasn't he paid a salary for the work he did for her?

All questions I'd like answered.....

[San]

San-

Yes it was mentioned there but also within the court proceedings today, by Howard's attorney so obviously there is a will.

I don't like Howard anymore than most here but I also have a suspicion that AN was definitely a self-indulgent person, who often obviously indulged in numerous sexual liasons and many risky behaviors. Could she have been a sex addict along with drug addictions? TMZ reported the methodone was prescribed to her, and also shows a photo of her with the LA physician who prescribed it?

I am beginning to wonder if living with AN was similar to trying to manage an out-of-control teen? Only problem is, by law, she did have control of her life for she was an adult. I think it would have required a court order for Howard to have forced her into rehab as well? Why wasn't he paid a salary for the work he did for her?

All questions I'd like answered.....

This raises a bunch of new questions for me.

1. What was the date on the will.
2. Was Howard the beneficiary.
3. Was the baby's name or her son in the will depending on the date filed.
4. How legit is the will (I'm sure Howard is the one who made the will up).

Howard needed to get his name on that will because he knows that baby isn't his.  He also knew eventually Anna Nicole would eventually die from the lifestyle she was leading (with a little help from Howard).

Bottom line is Howard could be a murderer and he would be the only one to benefit from her death.  He had all his ducks in line.  Timing was perfect for him.

[San]

I believe Howard K. Stern made Anna Nicole sign a will when she wasn’t mentally competent to do so.

Are there laws against that?

[AnnieMW1]

Hi Monkeys.  Here's what I have heard/read:

a. The will was prepared in 2000/2001 - 5 years old.
b. It names Howard as either executor or co-executor.
c. It leaves everything to Daniel.
d. It was not updated to include DannieLynn.

[AnnieMW1]

I believe Howard K. Stern made Anna Nicole sign a will when she wasn’t mentally competent to do so.

Are there laws against that?

It's very hard to prove and the presumption legally is that the person is competent, unless proven otherwise (ie, expensive and time-consuming for parties to do so).

A will can be denied probate if it can be established that the testator (AN):

a. Lacked testamentary capacity - mental capacity to understand the nature of the will preparation; mental capacity to understand and recollect general nature of her property; mental capacity to understand relationships to other persons laying claim.  Only one condition has to be met.  Senility, ongoing hallucinations, irrational beliefs, irrational behavior may lead to a finding of lacking testamentary capacity.  However, appellate courts are reluctant to "set aside" a will.  It's tough to do.

b. Was under undue influence - by a confidant that has the effect of overcoming the testator's free will.  Jurors tend to side with family members claiming undue influence against "outsiders"; however, unless there's a lot of documented evidence of undue influence, jury verdicts are very often reversed on appeal.

c. Fraud - deception thru false information - lies which persuade testator to change will or where testator signs something without knowing it's their will.

A finding of (a) above will invalidate the entire will.  A finding of (b) or (c) might invalidate only certain provisions of the will.

More than you EVER wanted to know, I'm sure....  however, I find this case fascinating because of the estate planning ramifactions (I'm getting my CFP certification currently...).  The burden of proof is really on anyone who is challenging the will - and it's a significant burden of proof.

[San]

I believe Howard K. Stern made Anna Nicole sign a will when she wasn’t mentally competent to do so.

Are there laws against that?

It's very hard to prove and the presumption legally is that the person is competent, unless proven otherwise (ie, expensive and time-consuming for parties to do so).

A will can be denied probate if it can be established that the testator (AN):

a. Lacked testamentary capacity - mental capacity to understand the nature of the will preparation; mental capacity to understand and recollect general nature of her property; mental capacity to understand relationships to other persons laying claim.  Only one condition has to be met.  Senility, ongoing hallucinations, irrational beliefs, irrational behavior may lead to a finding of lacking testamentary capacity.  However, appellate courts are reluctant to "set aside" a will.  It's tough to do.

b. Was under undue influence - by a confidant that has the effect of overcoming the testator's free will.  Jurors tend to side with family members claiming undue influence against "outsiders"; however, unless there's a lot of documented evidence of undue influence, jury verdicts are very often reversed on appeal.

c. Fraud - deception thru false information - lies which persuade testator to change will or where testator signs something without knowing it's their will.

A finding of (a) above will invalidate the entire will.  A finding of (b) or (c) might invalidate only certain provisions of the will.

More than you EVER wanted to know, I'm sure....  however, I find this case fascinating because of the estate planning ramifactions (I'm getting my CFP certification currently...).  The burden of proof is really on anyone who is challenging the will - and it's a significant burden of proof.

Thank you Annie for the information.

[nonesuche]

San-

Howard may have unduly influenced her, certainly her family says so and that dorky man and his SIL from Myrtle Beach have but I also think all of those are just as guilty of being hangers-on to AN. Vergie/AN's mother shot off a smart-aleck remark to the judge in the proceedings yesterday, I hope she does not get this baby for I do think she's been milking AN's celebrity for years too. It could well be  that Birkhead is the only quasi-responsible one in the bunch.

There was another attorney present at the proceedings, if you were able to watch it appears he may have drawn up the will, for he was there as 'stand-in' to the execution of her desire to be buried next to Daniel and her will? It was confusing for I didn't understand all of the legal terminology but that appeared to be his role?

Her former publicist <can't remember his name> seems to be one of the few calm and rational interviews to date, I've heard him 3 times this week. He also states his relationship with her deteriorated once Howard took over. I also at this point don't see AN as the ultimate martyr for as more information emerges, I think chance is equal she asked Howard to fight some of these battles for her? I think the AN we saw publicly may have been much kinder than the private one.

I really am beginning to think Howard was obsessed with AN to the degree it was psychotic, and that she was equally as mentally ill with her drug abuse and need for adulation and celebrity. Howard is pretty pathetic and sick, if he was content to watch AN have sexual affair after sexual affair even under the same roof? He definitely is guilty of allowing her to continue her self-destructive path and as a result, shouldn't be allowed to raise that baby.

I also find it suspicious that the dude from Myrtle beach who owns the home, had his SIL take private photos of AN in compromising sexual positions on a PC in the house, the baby's birth certificate, plus copy of the last movie she made which also included Daniel and has yet to be released? That all sounds like an effort for profit, if he were so genuine why not just the birth certificate? The DVD of the movie really is the red herring and there could be no reason for that, except for profit.

Speculation is now that the DVD of that movie was sold to the black market, it only takes moments these days to make copies of a DVD and/or photos? My other question is what did Daniel learn on the set of that Alien's movie too? Was he drawn into drugs as so many are? Why was it methodone? I am wondering now if that same LA doctor was Daniel's "connection' for the methodone? Ever since the photos emerged of AN with that doctor plus the prescription script made out to her, I no longer think Howard was orchestrating all of her drug use.

Birkhead truly does appear to be the only functioning semi-sane one in this bunch. I still question his sanity, he had an affair with her when she was having sex with so many others? He obviously didn't use a condom ! If we are to believe her former bodyguard he didn't either? Who did? Not the prince !!  

[AnnieMW1]

I really am beginning to think Howard was obsessed with AN to the degree it was psychotic, and that she was equally as mentally ill with her drug abuse and need for adulation and celebrity. Howard is pretty pathetic and sick, if he was content to watch AN have sexual affair after sexual affair even under the same roof? He definitely is guilty of allowing her to continue her self-destructive path and as a result, shouldn't be allowed to raise that baby.


So agree with this!!

[A's Fever]

San-

Howard may have unduly influenced her, certainly her family says so and that dorky man and his SIL from Myrtle Beach have but I also think all of those are just as guilty of being hangers-on to AN. Vergie/AN's mother shot off a smart-aleck remark to the judge in the proceedings yesterday, I hope she does not get this baby for I do think she's been milking AN's celebrity for years too. It could well be  that Birkhead is the only quasi-responsible one in the bunch.

There was another attorney present at the proceedings, if you were able to watch it appears he may have drawn up the will, for he was there as 'stand-in' to the execution of her desire to be buried next to Daniel and her will? It was confusing for I didn't understand all of the legal terminology but that appeared to be his role?

Her former publicist <can't remember his name> seems to be one of the few calm and rational interviews to date, I've heard him 3 times this week. He also states his relationship with her deteriorated once Howard took over. I also at this point don't see AN as the ultimate martyr for as more information emerges, I think chance is equal she asked Howard to fight some of these battles for her? I think the AN we saw publicly may have been much kinder than the private one.

I really am beginning to think Howard was obsessed with AN to the degree it was psychotic, and that she was equally as mentally ill with her drug abuse and need for adulation and celebrity. Howard is pretty pathetic and sick, if he was content to watch AN have sexual affair after sexual affair even under the same roof? He definitely is guilty of allowing her to continue her self-destructive path and as a result, shouldn't be allowed to raise that baby.

I also find it suspicious that the dude from Myrtle beach who owns the home, had his SIL take private photos of AN in compromising sexual positions on a PC in the house, the baby's birth certificate, plus copy of the last movie she made which also included Daniel and has yet to be released? That all sounds like an effort for profit, if he were so genuine why not just the birth certificate? The DVD of the movie really is the red herring and there could be no reason for that, except for profit.

Speculation is now that the DVD of that movie was sold to the black market, it only takes moments these days to make copies of a DVD and/or photos? My other question is what did Daniel learn on the set of that Alien's movie too? Was he drawn into drugs as so many are? Why was it methodone? I am wondering now if that same LA doctor was Daniel's "connection' for the methodone? Ever since the photos emerged of AN with that doctor plus the prescription script made out to her, I no longer think Howard was orchestrating all of her drug use.

Birkhead truly does appear to be the only functioning semi-sane one in this bunch. I still question his sanity, he had an affair with her when she was having sex with so many others? He obviously didn't use a condom ! If we are to believe her former bodyguard he didn't either? Who did? Not the prince !!  

Excellent post, None.  Truly a tragic tale, to me. If ever there was a story demonstrating the downside of celebrity, this is it.  Beuaty, celebrity, money (assumed), sex, all for what?  What happened to ANS in her early life to lead her to this? ANS was dead long before she physically passed away.

[Jacqueline]

Anna Nicole Smith's Will Now Online: Howard K Stern Cashes In?
--------------------------------------------------------------------------------
 
By Lynda Johnson
Feb 16, 2007  

Anna Nicole Smith's will has been procured by the AOL entertainment website TMZ.Com and the website has placed the will online.  Anna Nicole Smith, aka Vickie Lynn Marshall's will is dated July 30, 2001 and was drafted prior to Dannielynn's birth and Daniel's death, and therefore indicates that Anna only had a son.

 
Anna Nicole Smith's Will Now Online: Howard K Stern Cashes In?

In the document, released by TMZ, there is no mention of a final resting place but Anna Nicole does state: "All of the property of my estate will be turned over after taxes to Howard Stern."

***

The will entrusts all of Anna's property and names Howard K. Stern as executor. There were two witnesses to the will's signing, one of which was Kimberly Walther, Anna's former assistant.  Already pundits are chiming in and saying that the will is easily challenged and certainly it is odd that another will was never created since the death of Daniel and the birth of Dannielynn.

Certainly Howard K stern will be immediately scrutinized and slammed by television critics and pundits.  In other Anna Nicole legal news a judge tried to broker an agreement Friday among the three people fighting over Anna Nicole Smith's remains on how and when to embalm the former Playboy Playmate's body.

***

"I want every loose end tied up," Circuit Judge Larry Seidlin said. "I want peace and tranquility."

The Associated Press reports that Friday's proceedings moved out of Seidlin's chambers and into a courtroom to accommodate the horde of media and attorneys. On Thursday, Seidlin ordered that additional DNA be taken from Smith's body, saying he wanted to make sure her body wouldn't have to be exhumed.

"When we bury her, I want it to be forever," Seidlin said.

TMZ has the document here

[AnnieMW1]

As I understand it, the will leaves everything to her son and nothing to Howard.  He is only, as the executor, to carry out her wishes.

What's odd is this provision -

I have intentionally omitted to provide for my spouse and other heirs, including future spouses and children and other descendants now living and those hereafter born or adopted," Smith said in the will.

Usually, if your will hasn't been revised following the birth of an additional child, states will presume that the "after-born" children were meant to be included.  This provision specifically EXCLUDES that DannieLynn would be provided for.....interesting.

[AnnieMW1]

Stephen Tunstall, the attorney for Smith's estranged mother, Virgie Arthur, called the document a "phantom will," saying it is not valid because it was not filed in court.

Wonder if this is the law in wherever ANS was living when she signed her will.  A will does not have to be filed in court to be valid.

[nonesuche]

Annie   this gets crazier and crazier ??????

A's - you put it into better words than I did, it is likely her rationality was lost long before her body. I wonder if anyone could or would say her fame was worth this? I guess what worries me is some might....?

[nonesuche]

Stephen Tunstall, the attorney for Smith's estranged mother, Virgie Arthur, called the document a "phantom will," saying it is not valid because it was not filed in court.

Wonder if this is the law in wherever ANS was living when she signed her will.  A will does not have to be filed in court to be valid.

so true ! is she being considered a resident of CA or the Bahamas? it's all so confusing?

[Dihannah1]

Stephen Tunstall, the attorney for Smith's estranged mother, Virgie Arthur, called the document a "phantom will," saying it is not valid because it was not filed in court.

Wonder if this is the law in wherever ANS was living when she signed her will.  A will does not have to be filed in court to be valid.

so true ! is she being considered a resident of CA or the Bahamas? it's all so confusing?

I heard last night she still owns her home in CA.  Does that still make her a resident or make the will still valid in CA.  The house is still part of her estate..... just wondering.  Also, wonder why she excluded any additional children....  With her obsession with death, I would have thought along with preparing her burial gown, etc.. she would have thought about updating will.