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babybee

Posted: Sun Apr 08, 2007 9:26 pm

Who will get Anna Nicole Smith’s money?
Filan: Paternity of Dannielynn does not determine custody or inheritance

LEGAL ANALYSIS
By Susan Filan
Senior legal analystMSNBC
Updated: 1:04 p.m. ET Feb 12, 2007

Boobs and bucks. In the end, this is what Anna Nicole Smith's life seems to boil down to, and it seems to explain our fascination with her.

Dead at 39, she was embroiled in several fierce legal battles. She was fighting for her billionaire husband's estate, defending a paternity suit involving her newborn baby girl, and being sued as the spokeswoman for the Trimspa diet pill. The big questions she left behind are how much money will she inherit, who gets her daughter, and who gets the money now that she is dead? You might think that whoever gets her child gets her money, but this might not be so.

Battle over Marshall's money
First, how much of Marshall's money is Anna Nicole entitled to? At the time of her death, the court had yet to rule. To understand this dispute, let me give you some background.

When she was 26, she married 89-year-old billionaire J. Howard Marshall II, a Texas oil tycoon. He died a year later. Marshall wrote his will after he married Anna Nicole, cutting her out entirely, leaving her nothing other than the 8 million dollars worth of property and jewelry he had given her while he was alive. Anna Nicole tried to have Marshall's will set aside, claiming that he intended her to have half of his estate. Marshall's son Pierce (who is Anna Nicole's step-son, oddly enough), defended the will in a Texas probate court. After a five and a half month jury trial, Anna Nicole lost.The probate court found that Marshall's will was valid and gave her nothing.

Around the same time, Anna Nicole filed for bankruptcy in a California federal court. Pierce jumped into her bankruptcy case trying to prevent her from discharging her debt to him in bankruptcy. He alleged that Anna Nicole owed him money for defaming him when she accused him of fraud and of trying to cheat her out of her inheritance.

Anna Nicole answered his claim by asserting truth as a defense. She said she didn't owe him money because what she said about him was true. The bankruptcy court sided with Anna Nicole and agreed that Pierce had tried to cheat her out of Howard's money. The court awarded her $474 million, nearly half a billion dollars. That claim was appealed to the U.S. District Court in California, which again sided with Anna Nicole, but reduced the award to $88 million. Pierce appealed to the Ninth Circuit Court of Appeals and won. The court overturned the judgment.

Anna Nicole appealed to the U.S. Supreme Court and surprisingly, the Court took her case. Even more surprisingly, Anna Nicole won. The U.S. Supreme Court ruled that the Ninth Circuit Court of Appeals should decide whether Anna Nicole was allowed to have her day in federal court, even though the probate court had already ruled. The open question for the Ninth Circuit Court of Appeals is whether there can be two separate proceedings for the same money: one in probate court and one in federal court.

The outcome of Anna Nicole's lawsuit over her husband's fortune hangs in the balance as does the amount of money to which she is entitled. Is it the $8 million her husband gave her, or the $474 million the bankruptcy court gave her, or the $88 million the federal court gave her?

Anna Nicole outlived Pierce who died when he was 67. And now the suit has outlived Anna Nicole.

Who gets the money?
Second, who gets that money now that she is dead? This depends in part on whether Anna Nicole had a will and whether it was valid. If she had a will, it may be invalid if she left everything to her son Daniel who predeceased her and was written before Dannielynn Hope was born. If Stern turns out to be her executor and sole beneficiary, the will may be invalid if he exerted undue influence over her and she was coerced into leaving him everything.

If she had no will, a court will distribute her assets according to the law of intestate succession in the place of her domicile. But it is unclear where she was domiciled. One can have many residences but only one domicile. Was she domiciled in the Bahamas? Or was she residing in the Bahamas but domiciled in the U.S.? Just as she battled for J. Howard Marshall's money, so will there be a battle for hers.

Paternity does not determine custody
Third, who gets Dannielynn? Anna Nicole is survived by her 5-month-old baby daughter, Dannielynn Hope, born in the Bahamas three days before her 20-year-old son died from a drug overdose. Anna Nicole named her lawyer, Howard K. Stern on the birth certificate. But a former boyfriend, Larry Birkhead, claims he is the biological father.

Birkhead filed a paternity suit in a Los Angeles court which ruled before her death that she and the baby had to submit to DNA testing. The day after she died, Birkhead's lawyer petitioned the court for an emergency order to harvest DNA from her corpse. The court declined to rule until the parties briefed the issue as to whether a California court has jurisdiction to order Florida to do anything.

Joined: 24 Mar 2006
Posts: 1487
Location: State of Confusion

jade

Posted: Tue Apr 10, 2007 12:45 am

Anna Nicole's Last Film to Debut at Cannes

April 09, 2007

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The sci-fi spoof is set to come out in May.
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ANNA NICOLE SMITH's final movie, 'Illegal Aliens,' will have its world premiere at Cannes Film Market in May.

"Everyone knows Anna [Nicole Smith] would have loved to have the world premiere at Cannes," said SCOTT JONES, President of Artist View Entertainment. "It is a market fitting for her and this film -- a film she not only invested in, but also helped produce. We are all saddened she will not be able to join us."

'Illegal Aliens,' a sci-fi spoof directed by DAVID GIANCOLA, will also be released in the U.S. on DVD on May 1st, according to MTI Home Video.

In addition to a starring role, Anna Nicole had a financial stake in 'Illegal Aliens.' Her late son, DANIEL, was an associate producer on the out-of-this-world comedy.

"All My Children" star JOHN JAMES had a role in the film and took on the responsibilities of executive producer on 'Illegal Aliens.'

"She wanted to dedicate this film in Daniel's memory," James tells ET.

http://etonline.com/celebrities/news/47727/index.html

Joined: 23 Mar 2006
Posts: 1386

gwen

Posted: Wed Apr 11, 2007 5:27 am

DNA shows Birkhead is Dannielynn's daddy

From Staff and AP Dispatches

NASSAU, Bahamas -- Former Louisvillian Larry Birkhead is the father of Anna Nicole Smith's baby, according to DNA results given at a court hearing in Nassau yesterday.

"My baby's going to be coming home pretty soon," said Birkhead, a Los Angeles photographer.

Birkhead, who has been fighting for custody of Dannielynn since before Smith collapsed and died Feb. 8, jubilantly announced the DNA results after the closed hearing.

"I told you so!" he said and then hugged his rival, Howard K. Stern. The lawyer-turned-companion to the reality TV star has been caring for the baby since Smith's death.

The hearing left unresolved who will have custody. Another hearing is scheduled for Friday.

Stern said he would not fight for custody. "I'm obviously very disappointed, but my feelings toward Dannielynn have not changed," he said.

Even Smith's mother, Virgie Arthur, who had also sought custody, seemed appeased by the DNA results. "I'm happy that Dannielynn will know who her real father is."

Dr. Michael Baird, an expert in genetic evidence, said DNA analysis proved Birkhead is Dannielynn's father. Baird, who analyzed the results of a March 21 DNA test, announced the results outside court. "Essentially, he's the biological father." Baird said.

Birkhead met Smith at the Barnstable Brown Gala on Derby Eve when he was covering the event as a journalist for national magazines.

"I think it's very exciting that Larry and Anna Nicole met at my party in 2003," said Tricia Barnstable Brown yesterday in Louisville. "And in 2004 when she came back to the party, sparks flew.

"I really, really admire him for this struggle since September and overcoming all the obstacles in the courts simply wanting to be with his daughter," she added.

Born Sept. 7, the baby, whose full name is Dannielynn Hope Marshall Stern, could inherit millions from the estate of Smith's late husband, J. Howard Marshall II. The former Playboy model had been fighting the Texas oil tycoon's family over his estimated $500 million fortune since his death in 1995.

After Birkhead and Smith met, they were inseparable as he followed her to events and promotions. He appeared in episodes of "The Anna Nicole Show" on E! in 2004.

Birkhead also found notoriety in 2000 when he sued another Kentucky native, actress Ashley Judd, for defamation.

He said Judd had libeled him during an appearance on "Entertainment Tonight," when the actress called one of his stories "a complete fabrication." "ET" was also named in the suit, which was settled in 2001 for an unspecified amount.

http://www.courier-journal.com/apps/pbcs.dll/article?AID=/20070411/FEATURES/704111184

AKA Gagal_05

Joined: 24 Feb 2007
Posts: 14482

woodville

Posted: Wed Apr 11, 2007 8:11 am

ANNA NICOLE'S SISTER DISHES DONNA HOGAN
Says Anna gave Dad naked pictures of herself. April 11, 2007 -- ANNA Nicole's sister Donna Hogan - same white-blond hair, industrial- strength eye and lip makeup, ample bosom, low-cut top, but drinking only Sprite - said: "It p - - - - - me off when people say I'm making money off her. I was offered fortunes to tell on her. I was there when she did liposuction in the '90s. I have pictures of her lipo. Even though I needed money bad, I never sold her out."

So, OK, so Donna, hon, so then why "Train Wreck," your new book about and against Anna?

"Because I was hurt. Because it's closure for me. Because now she's gone, and things about her upsetted me. She was selfish. I always respected her, and she always disrespected me. I was struggling. I had to live in a shelter to protect my three kids and I never asked her for nothing. She had four houses and never offered me one to stay in. I bought her a Marilyn Monroe doll and she never bought me a thing. She'd take people who worked for her on shopping sprees to Rodeo Drive and never bring my kids anything.

"She never once offered me money. Except to try and take my little girl from me. See, even after she had Danny she wanted a girl child desperately. She offered me thousands, but only if I'd give up my baby daughter to her which, of course, I wouldn't."

About their similarities: "Well, yeah, I've done drugs . . . we've both had a wild crazy life . . . both had affairs with women . . . three-way sex . . . kids without husbands . . . and I'm now kind of living with someone . . . And, like her, I worked gentlemen's clubs. I waitressed. There's perverts who just want you to get drunk with them. So I'd sit and drink. You could make $2,000 a night.

"Look, I was offered lots of the same kind of stuff she was, but I just couldn't do it. I think she had some kind of illness. She did it with all sorts of girlfriends and gay boyfriends. I mean, she gave our father - who molested girls and actually touched me - naked photos of herself. This is a man who got married the day after we buried Vickie.

"And she never liked her given name Vickie. In school she'd call herself Nicky, so maybe that's where Nicole came in."

Donna Hogan lives in Houston. Her gift baskets business is called Country Delights. Monday was her first moment ever in New York. After dinner she saw Times Square. While asking could she squeeze in a musical like "Mama Mia!" or "The Color Purple" between the 17 shows she's doing to hustle her book, I was asking her opinion of Howard K. Stern.

"I never believed he was the father of Dannielynn. He couldn't create a child even if he had two [she used a colorful word to describe male equipment.] He's not man enough. Anna Nicole Smith led him around by the nose. And can you believe his sister now has a publicist? And wants to be a Dr. Ruth-type TV sex therapist?"

And Donna's opinion of mother-dearest Virgie?

"Virgie had more media than family at the funeral. Listen, Virgie used to abuse Vickie. Treat her bad. Hit her. When they started Virgie went with her to the strip clubs.

"I never took money from anybody. All the media companies followed me and harassed me and offered big money for my story. I never took a dime. Now, for the funeral and lawyers and traveling around, Virgie has a photo company paying. Howard's bills are being paid by a TV show. Larry Birkhead probably has some deal, too."

About larger-than-life Anna Nicole Smith, this sister says: "She actually had nothing. She was always broke. She lost her ranch. She was always getting sued. She went bankrupt. She lost everything. Her life really turned into a train wreck after Howard Marshall. She got depressed. She fought to keep her name alive. She'd suddenly do anything to stay in the spotlight, then the more she got in the spotlight the more she had to do to stay there. And when Stern came into her life she really changed. Everything went downhill.

"Y'know, because of our same father and different mothers, there's others of us. Like another sister Amy, who's into modeling and nobody really knows where she is because nobody wants anything to do with her."

A bite into the Waverly Inn's soft roll, a sigh about "I really have to lose weight," and then . . . "I guess the dysfunctionality in our family goes way back."

And: "I just never want Howard or Virgie to end up with that baby."

Put it down to another of your usual humdrum ho-hum evenings of nice pleasant boring dinner-table talk. Only in New York, kids, only in New York.
http://www.nypost.com/seven/04112007/gossip/
cindy/anna_nicoles_sister_dishes_cindy_cindy_adams.htm?page=0

Joined: 23 Mar 2006
Posts: 931

jade

Posted: Wed Apr 11, 2007 9:14 am

Anna Nicole Smith Latest: Larry Birkhead Will Stay in Bahamas One Month

Tuesday , April 10, 2007

By Roger Friedman

Anna Nicole Smith Latest: Larry Birkhead Will Stay in Bahamas One Month

Larry Birkhead, now pronounced the biological father of Anna Nicole Smith's 7-month-old baby daughter, will stay in the Bahamas for a while.

Birkhead has told friends he expects to remain in Nassau for about a month after a judge rules on custody this Friday. The Kentucky-born California photographer has said he wants to give baby Dannielynn a decent transition time before taking her anywhere.

Birkhead's paternity seemed to be a certainty to everyone except the man who held it up, Howard K. Stern.

But Stern, sources say, met last night with his lawyers, Birkhead and his lawyers, hoping to iron out agreements for Stern to continue as a financial adviser once the baby left his care.

Smith leaves a sizeable estate thanks to her marriage to elderly billionaire J. Howard Marshall. Stern right now has control of that estate unless Birkhead, acting on behalf of his daughter, questions it in court.

Meantime, all eyes will be on "The Insider" and "Entertainment Tonight," two syndicated TV shows that took Stern's side throughout the saga. They paid for interviews and film footage. At one point, one of the hosts described Birkhead as the baby's father with quotes around the word father. Talk about putting your money on the wrong horse!

http://www.foxnews.com/story/0,2933,265160,00.html

Joined: 23 Mar 2006
Posts: 1386

jade

Posted: Wed Apr 11, 2007 9:15 am

Willa Ford to Play Anna Nicole Smith

Source: Variety
April 11, 2007

Dancer-singer Willa Ford has signed to star as Anna Nicole Smith in an indie biopic that will begin shooting next week, reports Variety.

The previously announced film, Anna Nicole, is produced by Jack Nasser and Joseph Nasser with Elie Samaha executive producing. Keoni Waxman is directing.

The movie will cover Smith's life from age 17 until her death in February at 39, including her success as a Playboy centerfold, Guess model and actress, her marriage to billionaire oil tycoon J. Howard Marshall II, the death of her son and her own death five months after giving birth to a baby girl, Dannielynn.

The dispute that erupted over who was the baby's father was settled Tuesday when a judge in the Bahamas ruled, based on DNA tests, in favor of California photographer and former Smith boyfriend Larry Birkhead.

Ford's best known for her multiplatinum single "I Wanna Be Bad" and her debut album "Willa Was Here." She was also a performer on the third season of ABC's "Dancing With the Stars." She is currently writing and recording her sophomore album.

Joined: 23 Mar 2006
Posts: 1386

annie13

Posted: Wed Apr 11, 2007 11:56 am

jade wrote:

Thanks, I didn't know who Willa Ford was so I googled here is her website with pictures of course:
http://www.willafordinc.com/images/willafordinc.jpg

Joined: 23 Mar 2006
Posts: 1576

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