Yet another Anna Nicole thread. I have a question about her alleged will - can anyone give some

[Bunny]

insight? Why would you intentionally omit any future heirs or spouses?

<snip>
The document said Howard K. Stern should hold the former Playboy Playmate's estate should be held in trust for her son, Daniel, who died last year, three days after Smith gave birth to a daughter.

"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," Smith said in the will.
<snip>

http://news.yahoo.com/s/ap/20070216/ap_en_ot/anna_nicole_smith

[Love Bug]

1. I admit I know nothing about this

But the whole thing looks like a huge conflict of interest to me. Also, I thought it was very difficult to disinherit children.

[Bunny]

7. Howard K. Stern gives me the willies!

Ugh.

[AllegroRondo]

2. Looks like boilerplate language

and not as bad as it first seems.

She set up the will to intentionally provide for her son, and only her son (Im assuming she did not have the daughter yet at the time the will was done). In order to make sure ONLY her son gets anything, she has to specifically say her husband and other possible heirs do NOT get anything. I think one of the talking heads on CNN said something like "you cant disinherit your spouse, unless you specifically say so in your will." Meaning that unless the will says "I dont want my spouse/former spouse/possible other heirs to get anything", they could try to sue.

[Bunny]

6. Thanks!

I said to Raven below that I wonder if she was trying to keep her mom and other relatives at bay as well.

[johnnie]

3. Because you can change your will at will

Maybe she felt that if she was mentally fucked up after this will, it would prevent others from manipulating her and cashing in on her money.

[Bunny]

8. She seemed to be a pretty disoriented woman, especially in

her last few months. I just wish they'd go ahead and bury her - this thing has turned into such a circus, but apparently it's right in keeping with how she lived.

[Raven]

4. You often see this

in families where there is a "black sheep". I believe the law presumes that if you don't intentionally omit someone who is a close relative like a spouse or child, you mistakenly left them out. I have intentionally omitted a black sheep older brother from my will so that there would never be a question. She may have been trying to protect herself from gold diggers and perhaps she didn't intend to have other children. I assume the someone other than Howard S. did her will and will probably come forward to explain it at some point.

[Bunny]

5. Okay, thanks Raven.

That makes sense - she may have been trying to be sure that her mother and other siblings didn't try to contest the will, too.

[dropkickpa]

12. I believe this is the reason why

Her mother and sister are vicious grasping opportunists who made her life hell and treated her like complete shit, both publically and, I believe, privately, for her whole life. I think she wanted there to be absolutely no doubt that they would get nothing. The will was drawn up in 2001, well before Danielynn came about.

[brook]

9. It used to be

that you could leave the sum of $1.00 to the black sheep and have a clause that specified that any heir who disputed the will would be summarily disinherited.

[Manifestor_of_Light]

10. She'll be declared intestate. It'll be thrown out.

Since the son can't inherit, the baby daughter will. The Judge can appoint a trustee for the estate. She should have gotten half of everything (all income) in the geezer marriage, since Texas is a community property state.

And about the black sheep: Put in a contest clause, that says that if they contest the will they get nothing, and give, devise and bequeath them ten dollars. At least that's what it used to be. Maybe fifty dollars now with inflation.


And yes, I am a lawyer.

[trashcanistanista]

13. I'll back that, I'm not a lawyer

but I saw it on Nancy Grace (I know, I know). Probate law in California says so - everything goes to the child.

[Little Wing]

11. It means that baby better be rubber so it can bounce when it's dropped like a hot rock

paternity suit? WHAT paternity suit?

[Radio_Lady]

14. My husband has disinherited his two daughters. I am not happy about that,

but it was totally his decision. Their mother died when they were 11 and 8 years old. I tried to be a good stepmother, but nothing helped.

They turned their backs on us years ago and have done nothing to heal the breach.

So be it. Family estrangement can be vicious. I hope it never happens to anyone I love.