Anna Nicole Smith willed estate to son, now dead

[Herman Munster]

http://www.miami.com/mld/miamiherald/16708517.htm

FORT LAUDERDALE, Fla. - Anna Nicole Smith said in a 2001 will that her estate should be given to her longtime companion to hold in trust for her son, who has died, according to a copy released Friday.

The document said Howard K. Stern should hold the former Playboy playmate's estate should be held in trust for her son, Daniel, who died last year, three days after Smith gave birth to a daughter.

"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.

Stern and two other men claim to have fathered Smith's daughter, Dannielynn.

The will did not say where Smith wanted to be buried, but named Stern as her executor.

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.

The will was released hours after a judge approved the embalming of Smith's remains and tried to broker an agreement among the three people fighting over her body.

[HiFructosePronSyrup]

1. Who gives a shit?

I'm not questioning the validity of this thread. So nobody chime in with the old, "if you don't care, why'd you reply" quip.

I'm seriously asking, what kind of person gives a shit?

[trumad]

3. This subject should now be Lounge fodder...

Because in the scope of life...it don't mean shit.

[matcom]

11. why make the LOUNGE suffer with this?

we have vastly more important things to talk about in there such as chain restaurants and kittens

x(

[trumad]

15. How true...

[Bunny]

16. Sorry, trumad. I've already sullied the Lounge:

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=105x6199092

[meldroc]

7. In today's news,

Generalissimo Anna Nicole Smith is still dead.

[treestar]

2. I wonder if that will made an alternate disposition, in case her

son predeceased her. If it didn't, the whole thing is ineffective and may pass down by the intestate laws.

[Poll_Blind]

4. It is very strange that the will is in such shape, especially dating a lawyer.

  I'm sure part of the reason it wasn't updated was probably because Anna couldn't consciously deal very well with the death of her son enough to modify it. However, as executor of the estate, Howard K. Stern will be paid for working for it at whatever rate he charges. In the absence of an heir but the presence of an estate the executor has quite a bit of control, don't they?

  The executor is essentially able to determine how the money should be spent, since they are the only living person who is in charge of those funds. Also, the executor is able to pursue legal action on behalf of what they believe to be the wishes of the deceased. Isn't that also correct?

  I have no idea how much Anna was worth when she died, but it wasn't much. I don't think she's still been able to get the money from her dead husband...the old guy, what's his name. Anyway, since Stern is the executor, couldn't he continue to pursue her portion of the settlement from the death of her old husband and, if successful (likely in some respect), be sitting on quite a pile of money over which he has total control.

  Does that make sense? I am not familiar with the powers he has but they would seem to be unrestricted, or nearly so, in this situation.

PB

[CTyankee]

9. I doubt that there would be this big fight over her body if she didn't have

any money. Of course, they want to get their hands on it through her baby daughter. I can't believe the baby WON'T inherit it, but then I am not a lawyer.

[Geoff R. Casavant]

14. You've got it pretty much right.

ANS's claim against her former husband's estate is still very much alive, and the executor can pick up where she left off.

How much power he has will depend on the probate laws of where the will is probated, as well as the language of the will itself.

As for there being no heir -- even if the will had a provision for an alternate beneficiary, I expect ANS's new daughter is protected by what are known as "pretermitted heir" laws, that are expressly designed to protect children born after a will is executed. The daughter may even be entitled under those laws to the entirety of the estate.

[MoonRiver]

5. The best thing that could happen to that baby,

would be for her to not get one cent of ANS's money. That way she may live to adulthood.

I really fear for that child's safety. :scared:

[Javaman]

6. Ironic really, considering that Smith fought so hard for the money from

the old guys will, and yet she didn't take care of her own. Who will fight over that.

It's the wet MSM dream story of the year.

[Double T]

8. It is a 'General Discussion' current events topic; either participate or move on..........

[no_to_war_economy]

10. who gives a shit

not me

[JVS]

12. MADNESS

[RB TexLa]

13. Wills do not have to be filed in a court

most are filed in a bedside table.