On a personal level, I was in Los Angeles Superior Court Central District, Department 2, The Honorable Judge Schnider presiding, on February 20, 2007 for an ex parte hearing. Low and behold as I turned the corner to go to the Department, I observed about 50 people standing outside of the Courtroom. It turns out that a hearing was being held that same morning, in the same department, and at the same time as my hearing, in the Anna Nicole Smith paternity case. I had no clue. There were reporters everywhere. I can tell you war stories about practicing law in Los Angeles. Anyway………….
Many things have happened since my last article on the death of Anna Nicole Smith. I was incorrectly informed before I wrote the article that Anna’s mother was given the body for burial. We have since learned otherwise.
A Florida Judge determined that her infant daughter is her heir. (Pursuant to the laws of intestate succession) The Florida Court then appointed a guardian ad litem (minors counsel) for the child, to represent the child’s interest because she is under the age of majority. (A minor) The Judge then directed the guardian ad litem to do what is in the child’s best interest, but strongly suggested that he look at the intent of Anna Nicole as to where she wanted to be buried. (The Bahamas)
I do not do probate law, but all California Lawyers must take Wills & Trust, which is a subject that is tested on the California State Bar. I still very much remember the subject but it is not one of my practice areas.
Testamentary intent is a huge factor not only for wills, but for other issues as well. It is not rocket science. What we observed in the Florida Court is that the judge took testimony on the intent of Anna Nicole. (And many other things) “Where did Anna Nicole Smith want to be buried?” (The Judge opined that it was in the Bahamas)
I am not going to comment on the proceedings in Florida other than to say that I am not used to such informality. In the Court’s that I play in, the rules are much more formal and structured. The Florida proceeding was a free for all.
This issue is moot now. Anna Nicole Smith has been buried in the Bahamas after an appellate court in Florida let the decision of the probate court stand. I feel that a Guardian should have been appointed for the body of Anna Nicole Smith to carry out her intent rather than a guardian ad litem for the child, because a guardian ad litem is supposed to do what is in the minor’s best interest. What does the burial of a mother have to do with the minor’s best interest? Anyway, the end result would have been the same anyway.
Who is the Father?
I was absolutely shocked to learn that Anna Nicole Smith’s lawyer Stern is in fact a California Lawyer. He testified to this fact on the stand under penalty of perjury. Furthermore he testified to entering into a sexual/romantic relationship with his client; Anna Nicole Smith, while still representing her. This appears to be a violation of California Rules of Professional Conduct 3-120, 3-110 as far as I can tell. I am very surprised that no one is talking about this issue. I would hope that the California State Bar investigates this situation because it does make our profession look bad. In the end it will be up to the California State Bar to determine if Rule 3-120 and Rule 3-110 were violated by Stern.
If I were in his shoes, I would have withdrawn from representation before entering into any such relationship. As a matter of fact, I would not enter into any such relationship with a client. It reeks of impropriety; especially considering the fact that it appears that he has a financial interest in her will, i.e., primary executor.
It appears to me that the Bahamas was specifically chosen by Anna Nicole Smith and/or her lawyer, for the baby to be born in because their laws presume that the father of the child is the one listed on the Birth Certificate and other factors. In other words the Bahamas could rule that Stern is the father without ordering a DNA test, even if he is not the biological father. In California, the biological parent has primary rights of a child subject to other factors which I will not discuss here.
The bottom line; it appears that the Bahamas were selected specifically to preclude a real biological father from obtaining custody if in fact Stern is not the biological father, which he does claim to be.
I hope that the Bahamas does the right thing and order a DNA test of the child, and give the child to the biological father whoever that may be so long as he is fit to be a parent! We will soon see.
Follow the Money
This is an issue which raises the biggest stink factor in my mind. Is it not true that Anna Nicole Smith’s son died months before her under similar circumstances? Has anybody considered the possibility that both may have been slipped a drug cocktail that may have killed them? Since it was suspected that both were using drugs, would the fact that they both died of potential drug overdoses within months surprise anyone if they died of drug interactions or overdoses? Probably not. It would be a perfect crime if they were in fact slipped a drug cocktail that killed them.
Who has the most to gain if Anna or her son is not in the picture? In the criminal world, detectives and district attorneys look at motive, means, and opportunity when they are investigating suspects. Did anyone have a motive, means, and opportunity to kill Anna or her son? Think about it!
I am not a conspiracy theorist under most circumstances, but the weirdness of the timing of the deaths, coupled with the fact that her attorney, who also became her lover during his representation of her, happens to be the executor of the estate in her will, raises a big red flag in my mind. I think this issue needs to be looked into. The only problem is that we have overlapping jurisdictions, i.e. Florida and the Bahamas. The coincidence is just too convenient. Could a crime have been committed here?
We have all seen cases on Court TV and other shows where people have been murdered for money. Could this be the case in the death of Anna Nicole Smith and her son? Who was present or in the vicinity of both Anna and her son when they died? Are you getting the picture yet?
It could be that no one did anything, and Anna and her son died as reported with no external assistance. In the end and at this point, only God really knows. I would hope that this would be investigated!
In anycase, Anna’s daughter will most likely inherit her money even though she is not mentioned in the will. Whoever is the executor of Anna’s estate, will control her lawsuits including the big one against her deceased geriatric husband. The executor will be entitled to compensation for being executor. I wonder how much their fee will be?
Years to Come
The tragedy of the Anna Nicole Smith case will most likely continue for years. You can bet your tail that if the Smith estate prevails in the big case that many more lawsuits will arise. The vultures will come out of the woodwork to eat their share.
My hope is that someone will be there for Anna’s infant daughter.
I will continue to write about Anna Nicole Smith from time to time as things progress. All we can all do now is play grandstand quarterback in what is a tragedy.
By Norman Gregory Fernandez, Esq. © 2007
Welcome, my name is 
What I’d really like to know Norm is why Stern changed his FindLaw profile on 9/19/2006? Maybe he’s less of an ’emotional’ guy than he’d like us all to believe, but why – 17 days after your purported new daughter arrives, not to mention 9 days after your purported good friend [Daniel] & son of your lover dies. Why would ya be fiddling around with your FindLaw profile? That guy aggravates the daylights out of me. He’s dirty, thats all there is to it 😀
Really like your site here Norm.
Yeah, I think like everyone, I keep digging, looking for something that has to do with him .. maybe a magic bullet! LOL. But you do have to login on purpose with your email addy & password to change anything there, thats why I thought it was odd with everything going on in his life at that time.
Check ya later!
Norm: What is FindLaw Profile? I did not know that the Bahamas just took for granted that the father listed on the birth certificate was in fact the father. Do you think that the Bahamas are up to par on DNA? I am afraid that the powers to be in the Bahamas are not going to change their laws to suit the men who are claiming to be Dannielynn’s biological father. I bet Howard Stern keeps that baby girl there. I would expect Dannielynn will never set foot in the United States. Who is footing the bill for Larry Birkhead? Where did he come up with the money to pay his lawyer? We know lawyers do not work for free. There are many costs to filing a lawsuit and paying investigators. Is this woman who is his lawyer in hopes to get up there with F. Lee Bailey, Gerry Spense, Ellis Rubin etc. Never heard of her before this case. Birkhead does not have the cash to fly to Florida, Bahamas etc. He has not worked since the death of Anna. Howard Stern might be a snake in the grass but he is a smart one. After all the baby was born in the Bahamas and they recognize him as the natural father.
15yrs in MedMal defense with the last 8 being a Paralegal here in DFW 🙂 Grooming new associates into real trial lawyers, but what fun. LOL. I also handled most of our associates’ licensing, registrations, and online profiles 🙂
Birkhead is a noted photographer in his own right. He does have a daily job, unlike Stern. His stated annual income during the hearings was well over $250k annually so that would get ya to the Bahamas a few times a year. He’s actually the only person who owns any ‘rights’ to the photos he was hired to shoot of ANS. Again, unlike Stern selling anything he can get his hands on. Hopefully they will get that babys DNA tested & get her to the rightful father soon.
I’m very interested in not only who, but when, they’ll all be back in CA fighting for the old man’s $$$ fortune? The Supreme Court reversal was huge. Rale & Stern are both on retainer for 6% & 4% respectively in that case so I read. Big money.
Norm who has jurisdiction of Anna’s will probate and the paternity issue? The Bahamas? If so,I think that is why Anna pushed so hard to get her residency there there so quickly. Daniel’s dad should be ashamed trying to have his son dug up. He was not a father, he did not see his son, nor did he help Anna support their son? Do you think that Vergie has any kind of a chance for custody or even visitation? Anna has been recorded on television and radio more times than I can count stating that her mother abused her, kicked her out of the house and how much she hated her mother and never wanted her mother around her baby girl. With Howard K. Stern being the executor of Anna’s will, he has control over her assets and any assets that that Anna’s estate will gain from the Howard Marshall estate. That will have nothing to do with the paternity. California can not send “DOG THE BOUNTY HUNTER” to the Bahamas and force Howard K. Stern to bring the baby to California for DNA, can they? Looks to me like Anna wanted to be buried in the Bahamas next to her son or she would not have bought the plot next to him. Where did Larry Birkhead’s lawyer come from? I never heard of her? I think if I would have been Birkhead I would have tried to get a big gun. Someone with name recognization and a proven track record. I would bet that Howard Stern the multi-millionaire radio personality must have over 100 tapes with Anna telling of her deep seeded hatred for her mother. Howard loved to have Anna on his show. Anna could call when Howard was on air and get put thru to him. Can any of these tapes on television and radio with Anna speaking for herself be admitted in court since Anna can not speak for herself now?
This is going to be very interesting. Anna rushed to get Bahama Residency and have her daughter born a Bahama resident, it would seem like probate would be there. So, my question to you is can the United States of America force Howard K. Stern to bring the baby girl to the United States? This is not a crime as far as determining paternity. Kind of stupid for Howard K. Stern the lawyer to sign the birth certificate in the wrong place. You would think he would have read where he was signing. My Dad and brother the lawyer always said to read “ANYTHING” you sign your name too. I do not think California can make the Bahama officials do anything. By the way, did you by any chance in your very busy schedule see Vergie, Anna’s Mom with the shovel throwing dirt on her casket? Was that a look of pure hate or what???? It was chilling.
When I moved from Dallas, Texas nearly 20 years ago to Florida, my bother advised mt to update both my will and living will. He said each state has different requirements and different language. He was fresh out of Law School. I did what he advised but it is necessary to do so?
Me, I have a will and a living will. I want to make darned sure I am not hooked up to machines when I am dead so that I keep breathing. A living will keeps my daughter from having to make the decision.
John O’Quinn, lawyer for Virgie Arthur accused Howard Stern of double murder and theft.He showed up on many TV programs
and said that Mr.Stern killed Anna and Daniel Smith
for money.
Mr.Stern filed a Federal slander lawsuit against John
O’Quinn. They settled in Oct 2008.
John O’Quinn said he used a “METHAPHOR”.
That was very expensive methaphor for Mr.O’Quinn.
Thanks for the comments KD.
I did not know about the change of the findlaw profile! Does not smell right does it? The whole thing does not smell right.
On another not I have no clue how long it has been since I changed mine! I would have to figure out how.
Anyway, thanks for posting your comment.
Norm
I hear you. There probably is no magic bullet. Just a ton of circumstantial evidence at this point.
The findlaw thing is real odd because that would be the last thing I would be thinking about if I were in his shoes. But then again, maybe he knew people would be looking into him because of his statements that he was the father ect. Maybe he was covering his own ass?
As far as findlaw, it would probably take me a while to figure out what password I used for my own profile!
Who knows maybe if enough people start asking questions, an investigation will start.
Norm
If you go to findlaw.com you will see attorney profiles for most attorneys. I have not looked for Sterns, but apparently KD has.
I am on findlaw too. Later I will probably go check out my profile to see if it needs updating!!
With respect to DNA in the Bahamas. I am sure that they have the facilities to do a DNA test. Or their courts could order that a test be done at a certified mainland lab. The issue is the Bahamas ordering that a DNA test be conducted. Someone would need to swab the inside of the infants mouth to get her DNA, a sample would need to be taken from each of the guys claiming to be the father, etc. It is not rocket science anymore.
As far as attorneys fees, I heard one of Sterns family members in an interview saying that he was using his own money and the family was borrowing money for attorneys fees. Who knows.
Norm
Thanks for the comments KD.
We will soon see what happens next. I hear Smith’s first husband has filed a petition to have the body of his son back to Texas. Who knows how many lawsuits will arise from this fiasco.
Norm
I have no clue! Florida probably has jurisdiction over probate because she died in that jurisdiction. It could be probated in California or the Bahamas too. It will be up the Courts to decide the proper jurisdiction. If they try to probate in the Bahamas there could be a very good chance that the judgement from the Bahamas might not be honored here in America.
With respect to Grandparents rights; they can petition to the Court for custody or visitation but there is virtually no chance that they would prevail against a paternal parent.
I wish I could comment on all of the issues you brought up but I do not have the time!! I can tell you this, most of the best lawyers in our nation, you have probably never heard of! Some lawyers become celebrities, and some just kick ass and go about their business without ever getting fame. I for one disdain fame. I just do my job!
With respect to Dog the bounty hunter being sent by California, I think not. California could issue an order that the child be brought to California for DNA testing, but whether the Bahamas which is a separate country, would honor a California order is a separate subject all together. California could order custody that Birkhead gets custody, but enforcing it in another nation is another matter.
We will just have to wait and see how this plays out.
Norm
I always recommend that you have your estate plan looked at twice a year, especially if there are changes in the family or assets.
In the Anna Nicole Smith case this was obviously not done. Most Americans do not think about what will happen if they die. It causes lots of problems for family members. If everyone would do a will or trust it would make things much easier for families.
This is not my area of practice so it would be recommended to seek the advice of an estate planning lawyer.
Norm
You may want to look into setting up a trust rather than using a will to devise your property to your family. With a trust your family does not have to go through the cost of probating a will. You should talk to a local estate planning attorney!
Norm
I have not accused anyone of anything here. This is an old article. I discussed some interesting parts of the situation that I thought should be looked into at the time.
Norm
I do not feel so bad for Anna Nicole since she lost all her self respect when she blatantly married the oil tycoon for money. She cannot expect everyone around to do so. I hope her reputation doesn’t follow into the daughter’s life. I hope the best for her as well.
Leslie