Posted on 10/13/2007 6:14:00 PM PDT by fatima
Anna Nicole Smith, Seeking Justice #4
LOS ANGELES Anna Nicole Smith’s 1-year-old daughter should be the sole heir to her estate, the late reality star’s former personal attorney asserted in court papers filed Thursday.
Howard K. Stern is the executor of Smith’s estate, and the petition seeks to clarify Smith’s intentions in her July 2001 will, drafted five years before Dannielynn Hope’s birth in September 2006.
The baby, who is in the custody of her father, photographer Larry Birkhead, could inherit millions of dollars from the estate of Smith’s second husband, billionaire J. Howard Marshall, who left much of his fortune to Smith in his will, although his family has contested the will.
Smith died in Hollywood, Fla., on Feb. 8 of an accidental overdose of prescription drugs at age 39. The onetime Playboy Playmate’s daughter celebrated her first birthday on Sept. 7.
When the will was drafted, Smith had one child, Daniel, who died three days after Dannielynn’s birth. The will states that “although she did not expect to have any children in the future, if she did, she wanted them to share equally in the trust created for Daniel ...”
Smith did not update her will during the five months between Daniel’s death, Dannielynn’s birth and Smith’s death on Feb. 8, the petition states.
“As a matter of law, Dannielynn is a pretermitted heir,” the petition states.
A pretermitted heir is someone who likely stands to inherit under a will, but was not named in the document because the maker did not know of the person when it was written.
Meanwhile, a Los Angeles judge Thursday left intact a preliminary injunction preventing a Texas doctor and his wife from disseminating a 1994 videotape documenting a breast augmentation surgery on the late Anna Nicole Smith.
Superior Court Judge Mitchell L. Beckloff denied a motion by Gus Pappas, an attorney for Dr. Gerald Wayne Johnson, to find that Los Angeles courts do not have jurisdiction over the physician, who lives with his wife in Houston, Texas.
Stern’s attorney, Bruce S. Ross, maintains that although the case is in California and the Johnsons are in Texas, the Los Angeles Superior Court still has jurisdiction because the physician allegedly tried to disseminate the tape in Los Angeles County.
Beckloff rejected Pappas’ motion on grounds Pappas was neither licensed to practice in California, nor had he hired a California-licensed attorney to bring the motion.
Beckloff left open the door for the motion to be brought back later if Pappas asks to make a special appearance to practice in California for the one motion, or hires somebody licensed to do so on Johnson’s behalf.
Pappas said he has tried without success to find a California attorney to handle the motion.
The orders prevent the Johnsons from “selling, distributing or otherwise disseminating” the tape. They also must give the original tape, as well as any copies that may have been made, to Stern.
Johnson performed the surgery in 1994. Stern maintains that Smith never consented to the taping or to allowing the footage to be seen by Thomas Riccio, a Los Angeles-based memorabilia dealer.
On Aug. 24, Beckloff extended a temporary restraining order against Alana Johnson, saying he was reluctant to also issue a prelifinary injunction against her at that time because she had not yet been served with any notice of the case.
However, Beckloff said he was persuaded during another hearing Sept. 14 that lawyers for Stern had made a reasonable attempt to serve her with notice of the preliminary injunction hearing, but that she deliberately avoided receiving a summons.
Stern’s lawyers submitted a statement by a process server that he almost got into a high-speed chase while trying to give the woman the papers before he finally gave up for safety reasons.
The lawyers also told Beckloff they mailed a notice to Alana Johnson with a return receipt, but that also proved unsuccessful.
Stern was not present in court Thursday.
“””Stern was not present in court Thursday.”””
Arrogance or angst?
I cannot imagine anything more important than the will probate. He shows up at 3:00 am to pick up the dogs??? But he has no concern that the Court case may hit a technical snag? Fix must be in!
I believe that she knows she has supporters on the online community. LAW/Wilma has been asked to tell her and Clark and also James from TimesSquareGossip is friends with Rita and he took the pics of her book party and I’m sure he’s let them know that she has support. you should check out the chatroom that Sun has set up and post your support.
This is gonna get ugly!
Even though Larry Birkhead is the biological father of Anna Nicole Smith’s daughter and she is in his custody, Howard K. Stern thinks he should have control of little Dannielynn’s money.
And he’s taking it to court!
Thursday morning, Howard filed papers asserting his role as the executor of Anna Nicole Smith’s estate.
Stern, Anna Nicole Smith’s former attorney and companion, asserts that he “has at all times been the duly appointed acting and personal representative of the estate.”
In a new petition to determine distribution rights, Stern claims the 2001 will Smith signed before the birth of Dannielynn, which gave all the money to her deceased son Daniel, now applies to the little girl.
Further, Stern claims he is the sole person responsible for holding Dannielynn’s money in trust, even though she is in the custody of her biological father.
How will Larry respond to this????
Or did he and Howard already come to some sort of “agreement”?????
http://perezhilton.com/
CELEBTV.COM EXCLUSIVE: STERN WANTS CONTROL OF DANNIELYNN’S INHERITANCEOctober 18, 2007
According to new court documents first obtained by CelebTV.com, Howard K. Stern is asserting his role as the executor of Anna Nicole Smith’s estate.
Court papers filed in L.A. Superior Court on Oct. 18 show that Stern, Anna Nicole Smith’s former attorney and companion, “has at all times been the duly appointed acting and personal representative of the estate.”
In a new petition to determine distribution rights, Stern claims the 2001 will Smith signed before the birth of Dannielynn — the Playboy Playmate’s 1-year-old daughter with Larry Birkhead — now applies to the little girl. Originally, Smith’s now-deceased son, Daniel, was to inherit her estate.
Further, Stern claims he is the sole person responsible for holding Dannielynn’s money in trust, even though she is in the custody of her biological father.
Anna Nicole Smith died in a Florida hotel in February.
http://www.celebtv.com/Headlines.aspx?NewsGuid=4e96075c-c0ff-42b9-879e-1d8a0047acb5
Unfortunately I don’t think that Larry is going to fight it. That really was part of the deal and he’s already supported him in court for being executor of Anna’s will. Larry is going to wish he had pushed Stern ..oh but then I’m sure Stern has many a tape on Larry.....oh well...you lie down with dogs
omg i was gonna post that. lol
not yet but I will now lol
How about alumni parents at Verde Valley School. :O
Making 2005-2006 donations in the name of
Leon A Stern
Broncha Stern
http://www.vvsaz.org/UserFiles/Forms/Report2006Low.pdf
I hven’t found a Stern connected to FCF yet.
News and resources at the foundation link are interesting.
http://www.friedmanfoundation.com/
http://www.friedmanfoundation.com/pdf/10.20.06%20JewishJournal.com.pdf
Stern keeps using that no more kids when everyone including his buddies the Gibsons keep saying anna want more kids and was even planning to adopt in their version of the tale.
did Larry ever produce said document? Does Opri have any such agreement? If a 10M pricetag was mentioned, would it prove that LB was strictly a ‘donor’ with no claims ??? - think motion for discovery would cause it to be produced?
How would LB know, if he wasn’t stalking (AGAIN) or wasn’t called by ANS/HKS, that ANS was home on Jan 1st? ANS said she was ‘sick’ when she came home from the Shelleys - what sick woman do YOU know, that would want to roll around in the hay, sick?
If LB first slept with ANS on Jan 1st-ish, how could anyone ‘know’ that ANS was ‘pregnant’ by the 3rd (COME OVER and sign, no way says LB) to the alleged 6th ‘signing’. I’m unaware of any form of pregnancy test that would detect pregnancy within 48hours. - that entire part of the story smells like rotten eggs.
From the checks we know that HKS was an expert in ANS’s signature. With ANS dead or stoned, all sorts of ‘agreements’ could be backdated/created/babybook fingerprints added, etc. All sorts of timelines could be twisted. ANS is not here to contradict LB and HKS. But her words are...
If, indeed, LB was a ‘donor’ then he has kidnapped that child, and is using that child as an emotional ‘tool’ to attack Virgie while he lines his pockets exploiting ‘his’ child.
IMO MOO MOO
He should be under stress, all liars are.
He played the game, he pays the price ... sold his soul to the devil. The devil is a taker not a giver.
My first thought was that Moe had a heart attack and stroke since I saw him on Access Hollywood last night. I’m sure Howard would like the worst to happen to him so he can’t testify against him. I hope Moe is watching what he eats and drinks. I don’t trust Howard at all. My thoughts and prayers are with Moe.
http://oyoy.eu/google/aoldb/show.aspx?i=20&u=1321393
AOL user #1321393 on AOL stalker feature 2006
Report is from 3/1/2006 to the end of May 2006
ONLY user to search Howard K Stern and ....
ONLY user to search Bronsch Stern and ...
!!!!!!!!! Searching the Urkrane and Ukranian Maps !!!!!!!
EXTENSIVE tracking of E Pierce Mashall ..almost daily
Scotus, blogs, Anna Nicole.. searches
Matzanian CA attorney search ?????
lhasahappyhomes web site visits!!!! Santa Monica
http://www.lhasahappyhomes.org/
Many pages of this user surfing history for three months!
Dannielynn should inherit Anna Nicole’s estate, Stern says in court papers.
ANNA NICOLE SMITH’s former companion and attorney, HOWARD K. STERN, filed papers asserting that the late model’s one-year-old daughter, DANNIELYNN, should be the sole heir of her estate.
Stern, who is the executor of Smith’s will, filed a petition that states that Dannielynn should inherit the estate because she is a “pretermitted heir,” which means that she is a person who would have been likely to inherit the estate if Smith had known her at the time the will was written in 2001.
Smith’s will, which mentions her son DANIEL, who passed away three days after Dannielynn’s birth, does not mention Dannielynn. The papers filed today state that she told the lawyer who drafted her will that “although she did not expect to have any children in the future, if she did, she wanted them to share equally in the trust created for Daniel.”
http://www.theinsideronline.com/documents/hkstern_distributionpapers_insider.pdf
Moe is NOT going to go against Howard. All he really said was boohoo Howard called me a liar. Other than that, he didn’t say one word against howard and actually supported him. Trust me, it was a small attempt to tell howard please be nice again and we can play nice together.
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