Anna Nicole Smith, The Investigation #3

[mom4kittys]

Thread Number 3

[TexKat]

Larry Birkhead, Attorney Officially Part Ways

(CBS) LOS ANGELES Anna Nicole Smith’s former boyfriend, Larry Birkhead, and attorney Debra A. Opri officially parted ways Monday as a judge signed an order releasing her as his attorney.

“I think we did set some new law, didn’t we?,” Opri said as she received the signed documents from Los Angeles Superior Court Judge Robert A. Schnider.

“I think we covered some new areas of law, yes,” Schnider replied.

The celebrity photographer hired Opri last year and he sued Smith in October to force her to allow a paternity test of her daughter, Dannielynn Hope, born last Sept. 7 in the Bahamas, to determine who is the girl’s father.

Howard K. Stern, Smith’s personal attorney and paramour, also claimed to be the father and was presumed under Bahamian law to be so because his name was on the birth certificate.

“Larry wanted to keep two cases open (in Los Angeles and the Bahamas) because Anna intended to come back here with him,” Opri said.

Schnider ruled in Birkhead’s favor in Dec. 21, but the DNA testing of the girl was not performed until months later. In the meantime, the 39-year-old Smith died in Hollywood, Fla., on Feb. 8 of an accidental overdose of prescription drugs.

Opri and Birkhead went to the Bahamas in February to challenge Stern over who would get custody of Smith’s remains, with both men eventually agreeing Smith would be buried in the islands next to her 20-year-old son, Daniel, who died last year of a drug overdose shortly after Dannielynn was born.

On April 10, the results of the paternity testing, taken in the the Bahamas, showed Birkhead was the father.

However, Opri suddenly withdrew as Birkhead’s lawyer on March 16, releasing a statement saying, “Larry Birkhead and I have terminated our attorney-client relationship immediately.”

Although Opri did not give an official explanation of the reason for their parting of the ways, published reports said there had been a strain between the two for some time and that they had a disagreement over strategy.

But Opri said Monday that there are no hard feelings between her and Birkhead, even after her bill to him of more than $600,000 for her services was made public.

“It was simply time for me to go,” Opri said. “I’m proud of this case. People don’t realize how many lives were touched by this case.”

Opri said she considered the case bigger than that of the O.J. Simpson criminal case.

Despite the public statements by both sides, Opri remained Birkhead’s lawyer until Monday because he did not sign the form releasing her, Opri said.

Birkhead never put his name on the release form, but he did not appear in court today to contest Opri’s motion to withdraw, so the judge approved it.

Opri said she believes the judge handling the case in the Bahamas is giving Birkhead time to bond with Dannielynn.

She said all future custody hearings will take place there and that the Los Angeles Superior Court case is likely concluded.

Opri predicted that if Birkhead wins custody — as expected — his most likely would raise the girl in Kentucky, where he has relatives, or Los Angeles, where he worked professionally.

Dannielynn could inherit a fortune as the only surviving offspring of the widow of billionaire oil magnate J. Howard Marshall, who died in August 1995.

http://cbs2.com/local/local_story_113133653.html

[gopheraj]

She was DEAD when Howard left.

I agree - I so agree but accident or on purpose I am unsure of.

[Dante3]

Good point.

In the deaths of Daniel and ANS - too many coincidences and too much circumstantial evidence pointing to HKS. As mentioned today in the nurse's case, circumstantial evidence can be more powerful that direct evidence.

[SUN68RAY]

Anna Nicole Smith’s mess of a will attracts the attention of clients ..

CHICAGO — The publicity surrounding the debacle of Anna Nicole Smith’s estate highlights the importance of careful estate planning, according to financial advisers, but the errors she made are quite common and are easily remedied.
Since the celebrity’s death at age 39 in February, advisers said, they have seen an increase in the number of clients calling with questions about will preparation.

It is common for clients to ignore estate-planning issues, and a case such as Ms. Smith’s gives advisers an opportunity to encourage their clients to take the appropriate steps, said Charlie Douglas, an attorney and certified financial planner at Strategic Stewardship Inc. in Atlanta.

“It’s a hot area, because this is a way for me to add value and differentiate myself and to help people,” he said. “I think if you can add value through an emotional connection by helping people plan around issues that are more than just money, you’ve got a client for life.”

Advisers who said they haven’t seen an increase in calls regarding wills intend to use this case to help prevent their clients from making the same mistakes that Ms. Smith did.

Although advisers don’t draft wills, it is incumbent upon them to make sure that their clients’ wills are updated regularly, particularly when a life-changing event occurs, advisers said.
Contingent heirs

“The best advisers, at the top of their game, who are truly professional, are dedicated to doing the right thing for their client,” said Ruth L. Forehand, a CFP and vice president of wealth management at Financial Advisory Consultants LLC in Naples, Fla. “That should not be confused with someone who doesn’t have credentials and is working on a transactional basis.”

Ms. Forehand said that Ms. Smith’s will could have been fixed easily had the former Playboy playmate updated it to include her daughter, Dannielynn, now seven months old. Ms. Smith’s will named her son, Daniel Wayne Smith, as the sole heir, but he died last September.

Surprisingly, her will stated that she “intentionally omitted to provide for my spouse and other heirs, including future spouses and children.”

That provision shocked many attorneys and advisers.

“What person would have ever excluded children born after the fact?” said Gary L. Flotron, president of the National Association of Estate Planners and Councils in Cleveland. “That’s so stupid.”

Clients should always include contingent heirs, said F. John Deyeso, a CFP with financial filosophy, a New York firm.
Emotional issue

Advisers said that it is more difficult to get younger clients to plan their estates, said James W. Zeberlein Jr., a CFP with Z Financial Planning LLC in Salt Lake City.

“It’s so emotional, primarily for younger folks. It’s not as difficult for older folks, because they’ve had friends and family die, and have seen fights in those families,” Mr. Zeberlein said.

“This kind of news can only help people, and young people really need to start looking at estate planning seriously,” said Michael Sandberg, senior vice president of Newbridge Financial Services Group Inc. in Fort Lauderdale, Fla.

Even affluent clients and high-net-worth business clients often don’t do proper estate planning, according to Stacy Francis, a financial adviser with Francis Financial Inc. in New York.

“You would think that affluent clients would know the importance of having their will in order,” she said. “People don’t want to face the fact that they’ll die, but that’s the one thing we know will happen.”

While it was determined that photographer Larry Birkhead is Dannielynn’s father, many other issues remain, including who will inherit Ms. Smith’s estate and what will be the outcome of her decade-long legal battle against the family of her late husband, J. Howard Marshall, for up to $500 million from his estate. Mr. Marshall died at age 90 in 1995.

At a hearing Friday, a resolution was apparently reached regarding Dannielynn’s custody. Ms. Smith’s estranged mother, Virgie Arthur, was fighting for guranteed visitation rights.

Mr. Birkhead said he couldn’t disclose what happened, but said he had a good day in court.

Advisers said that a custody battle could have been avoided had Ms. Smith indicated her wishes in her will.

Ironically, her estate may not be worth much — probably as little as $100,000 and no more than $1 million, according to Horace Cooper, an assistant professor of law at George Mason University in Fairfax, Va. Ms. Smith filed for bankruptcy in 2000 and had borrowed money, based on the expectation that she would receive her inheritance from Mr. Marshall’s estate, Mr. Cooper noted.

“People were accepting promises [that she’d receive the inheritance] in exchange for giving her goods and services,” Mr. Cooper said.

It is possible that Dannielynn will lose more of her mother’s estate to court costs, he said.

“This child will have to sue on her own behalf to get her mother’s estate,” Mr. Cooper said, adding that Dannielynn could end up in debt if she doesn’t win money from Mr. Marshall’s estate and if Ms. Smith’s attorneys continue to borrow money.
http://www.investmentnews.com/apps/pbcs.dll/article?AID=/20070423/FREE/70423003/1009/rss01&rssfeed=rss01

[Luvlyness]

LOL @ handsome man video!

[SUN68RAY]

Anna Nicole: A Model for Bad Estate Planning

Today’s posting is courtesy of Ohio attorney Ted Gudorf, whose practice is limited to Estate Planning and his comments about Anna Nicole are remarkable for their timeliness and accuracy. It’s a lesson worth learning. It is quite surprising how someone so rich and famous could foul things up so badly.

Anna Nicole Smith rose to fame as a model for Guess Jeans and Playboy magazine. Now, her death has given her newfound fame as a great model for terrible estate planning.

Forget the fact that you can’t visit a supermarket without seeing gossip about her life and death. When push comes to shove, Anna Nicole, the human being, was a single mother who was embroiled in a bitter legal battle over the estate of her ex-husband, and was suffering from the sudden and unexpected death of her son just three days after the birth of her daughter.

When you peel away the celebrity from the person, her legal situation becomes nearly as tragic as her life. She sadly didn’t take proper measures to protect her baby daughter from opportunists finagling to acquire custody in order to have access to her inheritance.

The teachings of Anna Nicole
What can we learn from Anna Nicole’s tragedy?

Lesson 1: Keep your estate plan current.
Anna Nicole’s will was prepared in 2001, before she ever conceived of daughter, Dannielynn, both figuratively and physically. The will leaves her entire estate to her son, Daniel, and specifically disinherits any offspring born after the will was signed. Because she never updated the will after her son died and her daughter was born, the document is invalid and needs to go to probate.

Lesson 2: Hire an experienced attorney.
A licensed attorney in the State of California prepared Smith’s will. But did he have extensive probate experience? A qualified and savvy attorney would have had the foresight to protect her in the event that she survived her son.

Lesson 3: Select a guardian.
It’s always a hard decision to make, because no one can raise your children as well as you can. But it’s imperative to select someone. You can always change it later. If Anna Nicole had named her daughter’s guardian, the lengthy legal battle for custody that is sure to ensue could have been avoided.

Lesson 4: Plan for death-related items.
Very few people enjoy planning for their deaths. Especially if they’re young and beautiful, like Anna Nicole. But if she had taken the time to prepare burial plans, the first phase of her legal battles could have been avoided. (Her mother wanted her buried in Texas, while Stern claimed that she wanted to be buried next to her son in the Bahamas, since she had purchased a double cemetery plot.)

Anna Nicole’s story is as chaotic in death as it was in her life. She leaves behind a rich legacy of what not to do when preparing an estate plan. Few lives are as complicated than the larger-than-life existence that she led. But by studying her mistakes, you can protect yourself from similar missteps by letting that model be a role model to avoid.
http://ohiolemonlaw.blogspot.com/2007/04/anna-nicole-model-for-bad-estate.html

[mom4kittys]

Another woman who can't rest in peace:

http://www.dailymail.co.uk/pages/live/articles/news/news.html?in_article_id=450070&in_page_id=1770 Princess Diana was a manipulative schemer who was ruthless in her pursuit of Prince Charles, a bombshell book will claim.

The account of her extraordinary life, to be published weeks before the tenth anniversary of her death, paints the princess as spiteful, media-savvy and neurotic.

The book, by former Vanity Fair editor Tina Brown, is bound to provoke controversy, not only for the number of people speaking publicly for the first time about Diana, but also for the timing of its publication.

It will appear in mid-June - a fortnight before the memorial concert planned by Princes William and Harry.

What has given the book huge credibility is the fact that its author is the well-connected Miss Brown, who had lunch with the princess only weeks before her death in 1997.

She previously caused a storm with a 1985 article, The Mouse That Roared, blaming Diana's "boring" and neglectful husband for her transformation from shy girl to international star.

Chief among the latest claims is that, far from being a lovestruck young girl, Diana was more in love with Charles's title than she was with him and that her mother Frances Shand Kydd tried to talk her out of the marriage.

She is said to have asked whether Diana loved the prince, or loved "what he is", to which Diana retorted: "What's the difference?"

It also includes allegations about the Duchess of Cornwall, not least that the love of her life was not Charles but actually her first husband, Andrew Parker Bowles.

She pursued the philandering cavalry major for six years before their marriage, the book says, only agreeing to resume her relationship with Charles because she savoured the idea of being a royal consort and was angry at her husband's infidelities.

By contrast, Charles comes off surprisingly well, with the claim that he remained a little in love with Diana in her final years.

Miss Brown claims that after the fatal Paris car crash, Charles clung to the hope she would survive and he would bring her home and care for her.

The book is to be serialised in Vanity Fair magazine next month and Miss Brown is said to have received a £1 million advance from the publishers.

While some of the claims have been aired in various forms before, others are new.

She claims to have interviewed 250 insiders about Diana, from Tony Blair to Dr James Colthurst, who breaks his 15-year silence about his role as go-between carrying tape recordings of Diana's reminiscences to Andrew Morton for the 1992 book Diana: Her True Story.

Others include Charles's former flame Sabrina Guinness, whose account of the early stages of the courtship between Charles and Diana shatters the image of a shy innocent being pursued by a prince.

Guinness says it was Diana who was "all over" Charles. "She was flirting, she was giggling . . . sitting on his lap."

Other claims include:
• Diana had two "assignations" with Charles on the royal train before they were married, then co-operated with the Palace to preserve her image of virginity. At the time, claims that she had spent the night with Charles caused a huge controversy.

• Given a choice of engagement rings to be paid for by the Queen, she picked the biggest.

• She falsely convinced herself on honeymoon that Charles had resumed his affair with Camilla.

• The story that while pregnant with William she threw herself downstairs was a sympathy-seeking lie and in fact she only stumbled.

• After the divorce she was looking for "a guy with a Gulfstream jet", had no intention of marrying Dodi Fayed and was plotting to land American financier Teddy Forstmann.

• Cavorting in a bikini with Dodi was designed to anger the Queen and Charles.

• William fought with Diana over her relationship with Dodi.

• On the eve of her wedding she cycled around the grounds of Clarence House singing: "I'm going to marry the Prince of Wales tomorrow."

The last claim is in sharp contrast to what Diana herself said on the tape recordings used by Andrew Morton.

Talking about her wedding, she said: "I was feeling deathly calm, deathly calm. I felt like a lamb to the slaughter and I knew I couldn't do anything about it . . . My wedding day was the worst day of my life."

The different perspective is given by the Queen Mother's servant William Tallon, who told Miss Brown he saw Diana's giddy celebration.

Her relationship with billionaire Teddy Forstmann - who owned the company that makes Gulfstream jets - has been known about before.

But speaking for the first time he says they never consummated their relationship and that he sent her flowers every week for three years.

"Diana definitely wanted a guy in her life. [She] had the idea that we should get married, that I should run for President and she would be First Lady."

Miss Brown said the book was sympathetic to everyone. "I think the portrait of Diana is one that has a lot of human generosity," she said. "Like everyone she's a combination of things and that's true of all the protagonists in the book."

[Luvlyness]

I remember Virgie saying she has that conversation recorded. She was asked in court why it was recorded. She said the answering machine was in a different room and the recording started before she could answer the phone. She couldn't turn it off because she was in a different room.

That explanation makes sense to me because that has happened to me many times. It was implied that she recorded in on purpose which I don't necessarly believe. I'll give Virgie the benefit of the doubt on this one.

[Sacajaweau]

Accident or on purpose. KE called that morning (and the night before) and was told she was fine. I think that was IMPOSSIBLE for Howard to say. She had to be out of her mind and in a light coma by then. Whatever her last dose was....she didn't get up and give it to herself.

Howard must have talked to KE to know "How can I be sure"??

Remember all the crap with mirrors, foot rubbing, not calling 9-11 for MANY minutes, not taking her to the hospital earlier in the week...

Perper was VERY explicit...If she had gone to a hospital, she probably would have lived BECAUSE THEY WOULD HAVE CONTROLLED HER DRUGS. So, who was controlling her drugs?? Certainly not Anna. KE and Howard....I have no doubt!!

[Dr. Scarpetta]

I always suspected that while he was drugged up (with the chloral hydrate) she fooled him into thinking she was taking him to a hospital then drove him to the storage unit and shot him. Remember, the suitcases were in the storage unit. She then went back to the house to put his clothes in the garbage bags and took some extra garbage bags with her. He bled out from the gunshot wounds. Then she dismembered the body with power tools that were also in the storage unit - put him in the suitcases and drove to the Chesapeake bay.

This is an UNBELIEVABLE story that will be a movie. Her attorney could have done more to make her look sympathetic. IMO, she came off as cold-hearted...

[Dr. Scarpetta]

“She really wanted people to laugh. Anna and Daniel wanted to make a movie that satirized Hollywood and ourselves to a great extent.”

Now that I read this article, I hope the critics take the movie in the comedic spirit in which it was intended...

[Dr. Scarpetta]

The sad part of the Diana book is that she’s not here to give her side of the story....

BTW, have you seen “The Queen,” which is about the aftermath of Diana’s death... I recommend it.

[mom4kittys]

I know, I feel bad for Diana. I know she had some neurotic behavior, but I think she was a good person and I liked her.

I haven’t seen The Queen—I want to. Is it out on dvd yet? I don’t normally go to the movies—I prefer watching from home.

[TexKat]

Anna Nicole Smith Baby: Larry Birkhead Prepares Home, Doctors for Baby

By Susan Hatch
Apr 23, 2007

The ex-boyfriend of Anna Nicole Smith may be the most eligible and sought after single dad in Hollywood soon. But first the charming southern gentleman must get his baby girl Dannielynn Hope out of the Bahamas. Some reports are claiming that could happen early this week and many are cheering for Birkhead. And he is getting all prepared to get the adorable little girl to America.

Anna Nicole Smith Baby: Larry Birkhead Prepares Home, Doctors for Baby

The seemingly grounded celebrity photographer is already preparing his home and lining up health care when Dannielynn arrives Los Angeles, reports American celebrity magazine In Touch Weekly. According to the report he has a pediatrician lined up to make sure the little girl has come through this ordeal in good health.

***

The new dad told Access Hollywood on April 12, “She’s one of the most alert babies I’ve ever seen. She’s very healthy.” He said that she’d even gained weight since the first time he got to meet her on February 24. “She’s been fortunate that she seems so unaffected by this when there’s a lot swirling around her.”

The photographer also has a home waiting for Dannielynn-his one-bedroom townhouse, which is a bit more modest than the Bahamian mansion that she’s been living in, the report claims. “Larry will make a wonderful father,” Anna Nicole’s former stylist Bobby Trendy tells In Touch. “I just hope that he is able to financially support the baby.”

***

Birkhead received money from an OK! Magazine photo shoot that is on newsstands now and it has been reported that the fee was in the neighborhood of $2 million.

http://www.nationalledger.com/artman/publish/article_272612878.shtml

[sodpoodle]

“”””This is an UNBELIEVABLE story that will be a movie”””

OMG - that was just my take on it. The locations of the murder and dismemberment were not clearly proven. There was no blood evidence found in the NJ apartment they shared and because he was found in Maryland/Virginia/Delaware Chesapeake Bay - the jurisdictional complications were such that NJ was a default murder location - again IMHO.

humble sod!

[TexKat]

Dems Find Pockets of Support

April 23, 2007
Anna M. Tinsley — Fort Worth Star-Telegram

John O’Quinn, one of the Houston lawyers who helped the state win a $17.3 billion settlement with tobacco companies, donated to Edwards.

http://www.hispanicbusiness.com/news/newsbyid.asp?id=62411&cat=Politics+News&more=%2Fpolitics%2F

[mom4kittys]

They never checked the storage unit for blood?

[sodpoodle]

“””””ruthless in her pursuit of Prince Charles””””

Let us hope that the medieval fantasy - to marry a Royal Prince - is no longer the goal of any young woman in the 21st Century.

Let us hope for more- that the 22nd Century will dispell the notion that a Hollywood career is a worthwile aspiration.

Diana embodied one and Anna Nicole, the other - and we have witnessed the resulting tragedies for each of their innocent children.

Girls - grow up - get a good job - and then get a good husband - for your children deserve and demand it.

[sodpoodle]

“””They never checked the storage unit for blood?”””

I do not know - didn’t watch full coverage - it seemed logical to me - so perhaps they did.

Better stop speculating (blush) Maybe someone has more facts.

humbled again - sod;(

[Dr. Scarpetta]

I haven’t seen The Queen—I want to. Is it out on dvd yet? I don’t normally go to the movies—I prefer watching from home.

'The Queen' is coming out on DVD this week. Helen Mirren did a remarkable job portraying Queen Elizabeth...