Anna Nicole Smith has died according to ABC News

[kcvl]

Anna Nicole Smith collapsed in her hotel room at the Hard Rock Cafe and Casino in Hollywood, Fla., and was rushed to a hospital on Thursday. A Hollywood, Fla., fire department spokesman told MSNBC TV that the actress was unresponsive when the rescue unit arrived on the scene.

Sources confirmed to Access Hollywood that Smith was transported to Memorial Regional Hospital shortly after 2 p.m. EST on Thursday. Access Hollywood also is reporting that Smith was intubated at the scene.

Officials told the Miami Herald, "it does not look good."

[Rte66]

And the permanent residency was obtained under false pretenses, anyway.

[Howlin]

The drug thing for starters.

[Sacajaweau]

"If you are not "excluded", you are included. I agree about the mother and since the mother is not a minor, which is the intention of a trust, Howard's role is worthless.

[Arizona Carolyn]

Howlin, I'm sorry to hear about your son. Was this recent? You have had a hard past year.

[onyx]

Ms. Marshall was in an unrousable coma for 48 hours.

Please. Nobody thought to hospitalize her or call a doctor?

[Rheo]

Thanks Jrabbit w/an i...ha

[maggief]

I am not sure Beth K is correct. It doesn't sound like ANS could exclude a dependent minor.

Here are the Florida statutes, if relevant:

732.302 Pretermitted children.--When a testator omits to provide by will for any of his or her children born or adopted after making the will and the child has not received a part of the testator's property equivalent to a child's part by way of advancement, the child shall receive a share of the estate equal in value to that which the child would have received if the testator had died intestate, unless:

(1) It appears from the will that the omission was intentional; or

(2) The testator had one or more children when the will was executed and devised substantially all the estate to the other parent of the pretermitted child and that other parent survived the testator and is entitled to take under the will.

The share of the estate that is assigned to the pretermitted child shall be obtained in accordance with s. 733.805.

http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0732/ch0732.htm

[onyx]

Pool accident, yes --- zonked on drugs -- but a suicide attempt by drowning? No sale.

[maggief]

I don't think you can make that omission.

//

http://www.etonline.com/celebrities/news/38842/

When ET asked Howard about the will, he says that by default everything should now go to Anna's newborn daughter.

"Everything went to her son Daniel," he says. "But now, because Daniel's gone and Dannielynn is an only child, everything goes to Dannielynn. Everything. I am named as the executor in that will, and I was also appointed or named as Daniel's guardian in that will. And again, that was way back in 2001."

However, lawyers for Anna's estranged mother, VIRGIE ARTHUR, say the will is invalid because it was never filed with the court.

[A Citizen Reporter]

Wow, I have never read the end of that affidavit before. The nanny was dismissed for misplacing the user manual of a washing machine!!

I know the story sounds strange, but what is the motive of the nanny to lie about the suicide attempt, and put it in an affidavit filed in December?

[Rheo]

she is NOT and never intended to be a Bahamian CITIZEN

I agree.

[Texas_shutterbug]

"but can you intentionally omit someone you don't even know yet?"

Yes, but it's done by men who don't want any bastard children showing up and laying claim to their fortune.

I've never heard of a woman including something like that! Women know about all the children they've produced!

[Sacajaweau]

Bet the will becomes void and she is considered having died intestate. But Howard has yet to prove he has any rights in any way, shape or form. Power of attorney has limits and assuming there is one, Howard will likely be asked to put it on the table.

[HateBill]

according to Florida law if you die in Florida and live in USA Florida probates the will,

This is not necessarily the case. My Dad died in Florida but had been a New York resident until the very end of his life.

If my brother and I claimed, as executors, he was a Florida resident, New York State could have come after us for fraudulent avoidance of New York State estate taxes (Florida does not have an estate tax) and cite indicia of domicile (my Dad was registered to vote in New York, had registered his car in New York and paid New York State income taxes). New York is probating my father's will.

Nothing about this case is cut and dried!

I doubt he or ANS kept up the insurance payment premiums if there was insurance involved so that even if there were, at one time, insurance policies, they might not be in effect now.

I read early in this thread that the Marshalls had offered ANS $18 million which she turned down, on advice of her attorneys. Dannielynn will have a guardian ad litem who would agree to a reasonable settlement, I am sure.

It seems HK$ got too inspired by the movie "Body Heat" and drafted a will that accomplished the equivalent of "violating the law against perpetuities," i.e., disinheriting unborn children. He can't run up executor fees on an invalid will.

I wouldn't be surprised if HK$, sensing the gig is up, collects such ill-gotten gains as remain and fakes his own death within the next couple of days, just like Kathleen Turner's character in "Body Heat."