Anna & Howard...
Posted on 06/24/2011 9:14:25 PM PDT by fatima
In life, Anna Nicole Smith waged several court battles to get her share of her husband, 89 year-old J. Howard Marshall's, $1.6 billion estate; in death, Smith's attorny Howard K. Stern lost the war.
Alrighty, then.
It’s accursed, I say give it to charity.
:)
thanks in advance.
hope this goes through.
Anna Nicole Smith (November 28, 1967 – February 8, 2007) born Vickie Lynn Hogan was an American model, actress and television personality. Smith first gained popularity in Playboy, becoming the 1993 Playmate of the Year. She modeled for clothing companies, including Guess jeans and Lane Bryant.
Smith dropped out of high school and was married in 1985. Her highly publicized second marriage to oil business mogul J. Howard Marshall, 62 years her senior, resulted in speculation that she married the octogenarian for his money, which she denied.
Within weeks of J. Howard Marshall’s death, Smith and her husband’s son, E. Pierce Marshall, battled over her claim for half of her late husband’s US$1.6 billion estate. She temporarily joined forces with J. Howard’s other son, James Howard Marshall III, whom the elder Howard had disowned. Howard III claimed J. Howard orally promised him a portion of his estate; like Smith, Howard III was also left out of J. Howard’s will. The case has gone on for more than a decade, producing a highly publicized court battle in Texas and several judicial decisions that have gone both for and against Smith in that time.
Smith claimed J. Howard orally promised her half of his estate if she married him. In September 2000, a Los Angeles bankruptcy judge awarded her $449,754,134. In July 2001, Houston judge Mike Wood affirmed the jury findings in the probate case by ruling that Smith was entitled to nothing and ordered Smith to pay over $1 million in fees and expenses to Pierce’s legal team. The conflict between the Texas probate court and California bankruptcy court judgments forced the matter into federal court.
In March 2002, a federal judge vacated the California bankruptcy court’s ruling and issued a new ruling but reduced the award to $88 million. In December 2004, a three-judge panel of the U.S. 9th Circuit Court of Appeals reversed the March 2002 decision, on the reasoning that the federal courts lacked jurisdiction to overrule this probate decision.
The U.S. Supreme Court decided in September 2005 to hear the appeal of that decision. The Bush administration subsequently directed the Solicitor General to intercede on Smith’s behalf out of an interest to expand federal court jurisdiction over state probate disputes. After months of waiting, Smith and her stepson Pierce learned of the Supreme Court’s decision on May 1, 2006. The justices unanimously decided in favor of Smith; Justice Ruth Bader Ginsburg wrote the majority opinion. The decision did not give Smith a portion of her husband’s estate, but affirmed her right to pursue a share of it in federal court. On June 20, 2006, E. Pierce Marshall died at age 67 from an “aggressive infection”. His widow, Elaine T. Marshall, now represents his estate. The case was remanded to the 9th Circuit to adjudicate the remaining appellate issues not previously resolved.
After Anna’s death, the New York Times reported that the case over the Marshall fortune “is likely to continue in the name of Ms. Smith’s infant daughter.” The current situation is that Anna Nicole Smith’s estate will not inherit any of her late husband’s estate. Following the decision by the Appeals Court for the Ninth Circuit, lawyers for the estate of Anna Nicole Smith requested the appeal be heard before the entire 9th circuit. However on May 6, 2010 the appeal was denied. On September 28, 2010, the U.S. Supreme Court again agreed to hear the case.
On June 23, 2011, the U.S. Supreme Court issued a ruling against the estate of Anna Nicole Smith, deciding that a bankruptcy court ruling giving her estate a sum of 475 million was decided incorrectly. A California bankruptcy court awarded Smith part of the estate, but the 9th U.S. Circuit Court of Appeal said that a bankruptcy court could not make a decision on an issue outside of bankruptcy law. The U.S. Supreme Court agreed with the ruling of the 9th circuit court of appeals.
The suit was stupid....and shouldn't have gotten past the courthouse door.
I believe she was also caught perjuring herself during her testimony.
Not a lawyer. From what I read, it had to do with a bankruptcy court granting Anna Nicole Smith some $476M for tort claims against Marshall’s son. Of course, both Smith and Marshall have died, so it was their respective estates suing each other.
The Supreme Court ruled in favor of the son’s estate, because a bankruptcy court doesn’t have the standing to decide tort cases.
When Howie lost in the paternity case, he was ordered to pay the legal fees, iirc.
............What about the attorney fees.................
Need you ask???
I’m sure that a coupl’a thousand $ per hour will chew up just about all that’s left, except for some left over cat food - for the deceased cat.
Thanks to all....I apologize for not following this more closely.
Anna & Howard...
I didn’t know that Charles Bronson was the best man.
I don’t understand how it was decided that Anna was entitled to the money in the first place. He didn’t leave it to her, and there didn’t seem to be any indication that he wanted to leave it to her.
iirc, Anna Nicole Smith claimed he promised her his fortune or whatever. If that is accepted, then anyone can claim anything.
Last I read, Howie is going ahead now with another lawsuit for the money. Also, her house is on sale for $1.75 mill. And it is in Howie's name.
I could find barely any comments at the different web sites about this. At one blog (August 2011, Commentary) it was briefly mentioned that they would not be surprised if the J. Howard Marshall estate started an investigation in her and her son's deaths as a reaction to all these lawsuits since some surprises might emerge.
Dannielynn...5 years old
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