Speaking before Seidlin, attorney for Smith's mother, Steven Turnstall, requested the Will to be produced since Stern himself made reference to its existence shortly after Smith's death, Stern's counsel referrenced the Will during a prior hearing in Judge Seidlin's chambers, and Stern is a party in the Florida proceedings to determine disposition of Smith's body.
The second party to the proceedings is Anna Nicole Smith's biological mother, Vergie Arthur. The mother resides in Texas, and would want her daughter's body to be interred there.
Arthur's counsel referred to the phantom Will on Thursday, and wondered if its contents addressed the disposition of her body and specific, verifiable preferences for her burial. According to Turnstall, counsel for Howard K. Stern made a movement toward a briefcase, but the document was not produced at that time, nor did Judge Seidlin order it to be produced then.
Turnstall, jabbing his finger in the air toward Judge Seidlin, appeared angry when additional references to Anna Nichol's preference that she be buried with her son were made by Stern's counsel on Friday. Reportedly, Smith's son, Daniel Wayne, is buried in the Bahamas.
Counsel for Vickie Lynn Marshall was also present during proceedings, indicating some hesitancy to open the Will to tabloid-like coverage.
Judge Seidlin commented that everything in the proceedings was public.
Anna Nicole Smith’s Will Names Howard Stern as Executor,
Disinherits Anyone Who Contests or Challenges The Document
Will of Anna Nicole Smith / Vickie Lynn Marshall
July 30, 2001 (revealed on Feb. 16, 2007)
Anna Nicole Smith’s will is revealed in a Florida court overseeing litigation between her companion, lawyer Howard Stern, and the starlet’s mother over where her body should be buried.
Smith’s 2001 will was drafted using her married name, Vickie Lynn Marshall. It states that Stern is designated as a trustee to hold property “in trust for my child,” her Daniel Wayne Smith.
She wanted the executors of her estate to include the following lawyers, in descending order: Howard Stern, Ron Rale, and Eric James Lund. The will also states that if anyone “contests or attacks this Will or Trust or any of [its] provisions,” they will be treated as though they were disinherited.
http://news.findlaw.com/hdocs/docs/annanicole/annanicole73001will.html
Acutal photocopy of Vickie Lynn Marshall will Page 2 of 17
http://news.findlaw.com/hdocs/docs/annanicole/annanicole73001will2.html
Anna Nicole Smith leaves everything to dead son
POSTED: 9:38 a.m. EST, February 19, 2007
FORT LAUDERDALE, Florida (CNN) -- Anna Nicole Smith left everything to her son Daniel, who died in September, according to a will released Friday by a Florida court.
She also named longtime companion Howard K. Stern as executor, according to the document dated July 30, 2001.
The 16-page will was never updated. It does not mention Smith's 5-month-old daughter, Dannielynn. (Read the will -- pdf)...
http://www.cnn.com/2007/LAW/02/16/smith.ruling/index.html?eref=rss_topstories
The will contains a clause which specifically excludes the will from providing for future spouse/s, children, foster children, adopted children, and family...
The will leaves everything to Smith's son, Daniel, who unfortunately preceded her in death.
What is the law regarding an outdated will?
What is the law regarding a will that leaves an estate, or trust, or property, to a child, and the child dies?
Wouldn't one think that the next-of-kin of the deceased child would then inherit the child's trust.
In other words, where is Daniel Smith's natural, biological father? Who is he? Would he inherit Daniel's trust?
Consider also, though Daniel's death was a devastating occurrence and Anna Nicole was certainly distraught over his death, she did manage to get out and about in the public, even granting an interview with Inside Edition shortly afterwards.
If Anna Nicole could manage to engage in an interview, she could manage to spend some short period of time updating her will to include newly born, Dannielynn.
Why didn't she?
Is it possible Anna Nicole Smith signed a 2001 will without actually knowing what its contents were?
Is it possible Anna Nicole was aware of the contents of the 2001, and did not want Dannielynn to inherit because Dannielynn's biological father is estranged from Anna Nicole?
Maybe Anna Nicole didn't want the father of Dannielynn, whomever he turns out to be, to inherit her estate.
On another matter, Howard K. Stern, and Stern's attorney's, have yet to produce documentation that Anna Nicole purchased the plot for her son, and additional burial plots. It would be interesting to find out whether the plots are in Stern's name, and whether funeral home documents indicate names of the intended to be buried there.
More
Anna Nicole now 'ready for viewing'
Feb 18 3:33 AM US/Eastern
The question of who will inherit Smith's estate was also thrown into confusion on Friday with the release of a 2001 will in which the former Playboy centrefold said her fortune should be held in trust for her son - who died last year.
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