Tuesday, February 20, 2007

Paternity Issues Under Probate, says Judge Seidlin

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• Click Here for LIVE Streaming Video of the Hearing in Florida


Shortly after a 9:30 AM appearance of parties in the case of the disposition of Anna Nicole Smith, Judge Larry Seidlin gives notice that his court and he are to assume jurisdiction over paternity documents and matters, it appears.

The first to testify so-to-speak is Mr. Millsteen, the Guardian ad litum appointed by Judge Seidlin. Millsteen first reported that there was documentation pertaining to the embalming such as funeral home, appearance, etc. which were to remain private. Later, Millsteen reports Dannielynn is considered the next-of-kin, but being under the legal age of 18, at only 5-months old, it would be proper to establish the biological father.

The counsel for deceased Anna Nicole Smith, raises an objection, attempting to establish that the California court is to look into the paternity.

Judge Seidlin says there's no emergency for you, to know the biological father, but there is for me.

The Judge asks again as he had in earlier proceedings: doesn't he need to know who is the father?

Seidlin also put first and foremost, the child, Dannielynn.

At one point, Seidlin notes he's aiming to save a child. This is for the child.

Discussions ensue during a break in the public proceedings. Unfortunately, the action to go into a private session goes contrary to Seidlin's previous comments that this is a public court, nothing is secret here.

One of the reasons for the decision to alter that course was the objection raised by Christa Barth counsel for Howard K. Stern concerning Debra Opri, counsel for Larry Birkhead. Barth relayed that she overheard Opri comment toward Stern, basically charging he was responsible for Smith's death, murdered her, according to Barth.

732 chapter under Florida law, says a minor can be the next of kin under this statute - according to Court TV News commentator.

Later Judge Seidlin retraces the thought-processes which led to him accepting initially the advice of the Guardian ad litum. Now, the Judge explains he's not going to submit the men for DNA testing, he wants them to remain for testimony in the hearing.

Mr. Stern was served during the break, according to Christa Barth, with a California petition.

Seidlin said he did just want Mr. Stern to appear for limited purposes, and not presenting an order or such for paternity testing assured that.

video Live MSNBC


Comment: Anna Nicole's will doesn't mention disposition of her body in the event of her death. the will also only appoints Howard K. Stern as the guardian for Daniel Wayne Smith, not Anna Nicole's five-month old daughter, Dannielynn.

Our question: Is Howard K. Stern the personal representative of Anna Nicole Smith, or is the other counsel Ronald Bale, the personal representative?

Following this along is a real education. What a windfall for whomever eventually legally obtains control of Anna Nicole's estate.

Hint Howard K. Stern has already made bundles since Anna Nicole's death selling his story to an entertainment network.

Also, did you all catch Greta Susterin... the home movie of Anna Nicole Smith - the daughter of friends made Anna Nicole Smith up as a clown ... a child painted Anna Nicole's face and all the while Howard K. Stern is actually filming Anna Nicole, and at one point Stern said to her with a snicker, people, a snicker, somebody's gonna pay a lot of money for this, and are you on mushrooms?


But wait, now they are talking about the purported will. That hasn't even been entered as a legal will, and we still don't know whether the will applies.

A body is not a piece of property, says Turnstall, counsel for Vergie Arthur. Even if Stern were the executor of the will, a body is not a probate asset.

This is exactly the right thing to bring in at this time. Judge Seidlin asks the Administrator to present some opinion.

Is it Dannielynn's decision? They keep going back to that.

See now they are going a bit over what the will says regarding Stern being named as the guardian for Danny Wayne Smith. Yet nobody has brought up that possibly the will and Stern being named as executor, applies only to Danny Wayne Smith!


Anna Nicole burial, paternity battle resumes
Florida, California judges to hear arguments on what to do with body, baby


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