FAMILY DECLARATIONS AND STATUTORY DISINHERITANCES
I am unmarried. I have one child, DANIEL WAYNE SMITH. I have no predeceased children nor predeceased children leaving issue.
Except as otherwise provided in this Will, 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, as well as existing and future stepchildren and foster children."
More as I read.....
Technically she wasn't lying -- the baby was yet to be born and it explains then going on to say any future husband or child would not inherit from her will. Sounds like HKS was worried she might marry her Indian man.
Nowhere could've been safer for a half-Indian child than the reservation. As the offspring of a full-blooded O'odham father, Marshall easily met the requirement of a 50 percent blood quantum for membership in the tribe, even though Marshall has decidedly Anglo features. Any tussle over custody would have to be decided by tribal courts in Sells, according to the 1978 Indian Child Welfare Act, a law passed to deal with the odious legacy of a once-common practice of kidnapping Indian children and raising them in Anglo homes.
"Because of such past history, Native American courts jealously guard children against removal to white households, whatever the reason," observed Professor Stone Applewhite, Chair of Native American Studies at the University of the Pacific in Stockton, California. "In a case like this one, there's no way that a Caucasian mother with Smith's sort of past could reassert her parental rights. Unless, ironically, she was able to steal the child back from the father."
But Soto was careful, very careful. As Soto's records attest, the deposits to his bank account continued unabated, and the letters from Anna Nicole grew more desperate in tone. Soto finally relented and allowed Smith to see their son, but only on his own turf — usually at one of the Desert Diamond Casinos operated by the Tohono O'odham near Tucson. Soto required that Smith arrive without her entourage, save for one person (usually Howard K. Stern), or he would cease all contact. Smith accepted the conditions, and she would usually visit with Marshall as he got older in the Casino buffet, bringing him toys and toddler clothes. She called Marshall "my little brown one" and swore that she would cut Marshall and Soto in on her millions once all the legal jousting was over. Still, Anna Nicole's attitudes toward race often resulted in insulting moments.
By all accounts, Marshall adored his famous mom; he kept a picture of her on his chest of drawers and always kissed it goodnight before Johnny turned off the little boy's lamp. Every time Anna Nicole appeared on TV, the stripling would cry out, "Mommy je'e!" But as Smith's career took an upswing with her weight loss and the TrimSpa spokesmodel deal, Soto and his son saw her less and less. As phone and bank records demonstrate, Smith continued to call and send the wire transfers. Also, Smith remembered birthdays and holidays, having a gleaming electric blue, child-size mountain bike delivered to the Soto household for Christmas of '06.
"The last time she called in January, she didn't sound right," Soto recalls. "I knew she was again back on the drugs. Her speech was slurred, and she was saying crazy stuff about how there were rats under her bed trying to eat her feet, and that the Mafia was out to kill her for her money. Before I heard the news, I got a letter in the mail from her, written in lipstick, with a photo of her shaving Howard K. Stern's butt. I thought maybe she needed to be institutionalized. Obviously, the birth of Dannielynn and Daniel's overdose — it was just too much for her."
He goes on to say as soon as she died the child support payments from ANS stopped and HKS refuses to answer his calls, he's looking for a lawyer and the tribe is helping him and will get 1/2 of what he gets as settlement for his son... hmmmmm the lawyer gets 40% the tribe 1/2 of that. Seems everyone but Marshall and Dannielynn are going to get rich form this.
What about this theory? Howard knows about the other child (the Indian one). So he writes up the will disinheriting future/other spouses and children just before that child is born. He tells Anna it's best this way because when Daniel becomes 21 she can will all of her estate over to Daniel and/or he can be executor. No worries about this other kid getting any of the money. After Dannielynn is born, she thinks ah maybe we should change the will now. Howard tells her "why waste time rewriting the will at this point Anna? It's not like you're gonna die before Daniel turns 21". But then Daniel mysteriously dies shy of his 21st b-day. Now Anna's really pressuring Howard to rewrite the will. But he says "first we have to deal with Birkhead. Can't change the will til we're sure Birkhead is out of our hair. He's not after the baby, Anna, he's after the baby's money."
Does this make any sense? Is it clear or unclear? Help me out folks.