SHE LEFT IT ALL TO DANIEL.
Anna Nicole Smith's will was released Friday by a Florida court and not surprisingly, it reveals she left everything to her son Daniel. The will had not been updated since his death or the birth of Smith's daughter Dannielynn. According to CNN, Howard K. Stern is named the will's executor, which gives him the authority to set up and oversee a trust on behalf of Smith's beneficiaries, and to make investments on its behalf.
In the will, which you can download a .pdf HERE, nothing was left to Howard K. Stern. All the legal mumbo-jumbo is confusing, but what does this part mean and where does it leave Dannilynn?:
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.
There is also a part on the very last page that sounds like she appointed Howard as Daniel's guardian upon her death:
OFFICE OF GUARDIAN
Nomination of guardian of the Person.
"I nominate HOWARD STERN as guardian and successor guardian of the person of my minor child DANIEL WAYNE SMITH:
Any such nominee who is a resident of a state other California may, at the nominee's election, file a petition for appointment in such other state and/or in California. I request that any court having jurisdiction permit the guardian to change the residence and domicile of my minor children to the jurisdiction where the guardian resides.
I give the guardian of the person of my minor children the same authority as a parent having legal custody and authorize the guardian to exercise such authority without need for notice, hearing, court authorization, instructions, approval or confirmation in the same manner as a parent having legal custody. I request that no bond be required because of the grant of these independent powers."
But like I said, all that legal mumbo jumbo is difficult to interpret correctly without a law degree. I know I have some "legal eagles" that read this site, so your interpretation is welcome!
posted by Tabloid Whore! at 2/16/2007
7 Comments:
ugh lawyers write so much deadwood
I want to know who drafted this bullshit with the statement about not leaving anything to her future children? Who the fuck signs something like that? It is SO strange.
She disowned Danielynn in the will but it will likely go to Danielynn anyway through intestate succession.
I just took wills, trusts and estates last semester. Basically the first paragraph states that she has one child, whom she named, and no other children that have predeceased her (died before her) nor does she have any grandchildren (children leaving issue) that have died before her. The second paragrpaph means that she is intentionally leaving out any other children, spouse, etc living at the time of the will or born after she created the will. (Again, this will was done before the birth of her daughter and never changed).
And the guardianship paragraph is self explainatory...it gives guardianship of daniel to Stern. However, Daniel is/was no longer a minor. However, Stern, as executor of the will, would still have been in charge of disbursing the funds or setting up trusts for Daniel.
Howard, who specializes in contract law, just granted himself total authority to handle her money and decide her investments.
Fact:
No children, past or future, will be provided for.
As a minor, Daniel's trust fund will be under Stern control.
No future husband will receive inheritance rights. (Is that a concern that Anna, doped up, might marry the wrong person?)
That means the Executor, Stern, has total authority over financial and legal matters.
Also, he handles all decisions for the minor's trust fund (and investments). That lets HKS decide everything as BOTH guardian and executor. Anna (that is, Howard) says don't make him jump through hoops or file anything with the court. His word is final say.
It's crazy. He's whittled out anyone who could possibly get close to her money -- a future spouse -- past children, from old boyfriends -- future children, from her own womb.
It reads like all or nothing. THE EXECUTOR will control the entire estate. Daniel's murder is extra-suspicious because he can't stay as a minor forever. As an adult, he could battle the executor for control.
Someone sure wants The Executor to have TOTAL CONTROL. And with an unnatural preoccupation for events that may or may not happen! Future kids, a possible spouse... maybe a past boyfriend who claims a child lived and died, with Anna as the mother.
Hey, just fast-forward to the end of this story. Because it looks like Howard wrote an airtight will to give himself total legal control, and without anyone in the future getting in the way.
y'know, Anna Nicole spoke on the record about her momma. I would love to see a video on how this will was explained to her... what she felt she was doing by guaranteeing that even if she dumps Stern as a boyfriend and marries someone else, he still would have total authority over her money and investments.
And, then the matter of that pesky minor who just keeps getting older, year after year. Birthdays are a bitch.
Stern, dude. This doesn't look good.
Sounds to me as though Howard made sure it was all sewn up: in case she predeceased Daniel, Howard was made his guardian & got her stuff regardless...
agree 6:40. That's why the whole thing stinks from the neck down. Is ANS the new Jon Benet?
I bet there will never be any real answers about Daniel or Anna. Stern kept her drugged up with those prescriptions -- under his own name.
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