Anna Nicole Smith case continued Monday as courts in two countries battled on legal disputes over her remains, her home and the guardianship of the Anna Nicole baby case. |
In the Florida Lawsuit, a legal panel granted an emergency motion from the mother of the former Anna Nicole Smith Playboy Playmate to stay the release of her body for burial. Recently Judge Larry Seidlin granted the custody of Anna Nicole Smith’s remains to a court-appointed guardian for her infant daughter, Dannielynn Hope Marshall Stern.
The guardian, Miami-based attorney Richard Milstein, announced last week that he intended to send Smith's remains to the Bahamas so she could be buried alongside her son, Daniel who died from methadone. In a 25-page legal brief, lawyers for Anna Nicole Smith's mother, Virgie Arthur, argued that Judge Larry Seidlin erred in appointing a guardian ad-litem to represent the Anna Nicole Smith Baby when Smith's mother was alive and able to claim Smith's remains as next of kin.
Arthur's lawyers also argued that Ann Nicole Smith's boyfriend, Howard K. Stern, had no standing to represent Anna Nicole Smith as an executor of her will because the document has not been probated yet. Anna Nicole Smith’s Baby may get millions in inheritance money.
Stern, whose name appears on Dannie lynn's birth certificate as her father, testified last week that Smith wanted to be buried next to her son in the Bahamas. Daniel Wayne Smith died in the Bahamas in 2006 while he was visiting his mother and newborn sister in the hospital. Stern and Smith relocated to the island in 2006, before Dannielynn's birth. Dannie lynn pictures on the internet are a beautiful reminder about how Anna Nicole loved her baby, just like Britney Spears does. Anna Nicole and Britney Spears Video shows what great parents these women really are.
Recently, the issue of Dannie-Lynn guardianship issue took center stage in a Bahamian court of law, where Arthur appeared for a closed-door hearing to determine who should have custody of the Anna Nicole Baby."It was merely a procedural hearing," said Wayne Munroe, a Bahamian lawyer who represents Smith's estate.
Smith's ex-boyfriend, Larry Birkhead, also attended the hearing in the Supreme Court of the Bahamas to ask that a judge incorporate his paternity claims into the guardianship hearing.The California-based freelance photographer, who claims Smith told him he was the father, testified in the burial hearing last week that Smith admitted to fleeing to the Bahamas to escape his paternity claims.
After the hearing, Birkhead smiled while his lawyer, Debra Opri, gave a thumbs-up sign to the cheering crowd on the way to their car.Both parties fought through a crush of reporters and members of the public to enter the pink colonial-style courthouse.In a separate courthouse across the square, a lawyer also challenged the couple's ownership of the home in an effort to oust Stern from the seaside property."My client acted as a friend and loaned Smith the money to purchase the home," said Pinder, who represents G. Ben Thompson. "She never paid him back and never came into formal possession of the home, so the home is not hers."Justice Anita Allen continued the case until March 14, when a hearing will take place to determine if Thompson needs to refile the case against Stern."When my client gets his home back, we will work with Stern to make sure the move is a smooth transition for the child," Pinder said. "We won't throw the baby out with the bath water."
“We want a visit with the Anna Nicole baby case and Stern won’t let us,” O’Quinn said. Dannie-lynn deserves her inheritance. We could be talking millions of dallars from the Anna Nicole Court Case.
Smith’s former boyfriend, Larry Birkhead, claims he is the baby’s father and therefore is entitled to custody. He gave a thumbs-up sign as he left the pink, colonial-style courthouse after the hearing but declined to answer reporters’ questions.
“We anticipate DNA testing,” Birkhead’s attorney Debra Opri said after the session. She did not elaborate.
Dannielynn Hope Marshall Stern, who was born in the Bahamas on Sept. 11, is staying at a gated, waterfront mansion in Nassau where Smith lived with Stern until she died of unknown causes in Florida on saturday.
Supreme Court Justice Stephen Isaacs dealt only with procedural matters in the closed-door session and scheduled the next hearing for mid-March, said Wayne Munroe, an attorney for Smith’s estate in the Bahamas.
Birkhead has been demanding DNA testing to determine the paternity of the anna nicole smith baby and a sample of DNA has been taken from Smith’s body in Florida for that purpose. But lawyers said the court made no rulings at today's hearing.
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Arthur brought legal action in the Bahamas to wrest guardianship of the girl from Stern. Arthur claims she could a provide a more stable home for the infant, who could inherit a fortune.
Smith married Texas oil tycoon J. Howard Marshall II in 1994 when he was 89 and she was 26. She had been fighting his family over his estimated $500-million fortune since his death in 1995.
Thomas Evans, a Bahamas attorney, said there is no specific provision in Bahamian law for a paternity claim based on DNA. The court could determine that any of those seeking custody — or even another party such as the country’s Department of Social Services — should have custody, based on the best interests of the child, he said.
Birkhead, a Los Angeles-based photographer, has sought DNA samples from Smith’s body and the baby to prove his claim. Frederic von Anhalt, the husband of actress Zsa Zsa Gabor, also says he may be the father but he is not involved in this case.
Birkhead arrived at the courthouse in white limousine and before the hearing began, he said he was eager to see Dannielynn. “I hope to get to see her and have her soon,” he said.
In another Nassau courtroom today, a separate hearing was scheduled in a dispute over the mansion where Smith and Stern were living before her death.
G. Ben Thompson, a South Carolina developer who briefly dated Smith, says he advanced her money for the $900,000 house but she did not honor an agreement to pay the mortgage. She had claimed the house was a gift.
An attorney for Thompson, Godrey Pinder, said regardless of any court decision, he would not try to immediately evict Stern out of concern for Dannielynn.
“We want to be concerned about the anna nicole smith baby,” he said. “We don’t want to hurt her, so whatever is reasonable.”nannanicole
A court-appointed advocate for Dannielynn decided last week that Smith should be buried in the Bahamas, beside the grave of her 20-year-old son Daniel, who died while visiting her in a Bahamas hospital, just days after she gave birth to Dannielynn.
But Arthur wants Smith buried in her native Texas. She asked an appeals court in Florida today to overturn a judge’s decision that authorized the advocate to decide where to bury Smith. The appeals court issued a stay, meaning that for now her remains cannot be moved to the Bahamas.
Smith’s lawyer, Howard K. Stern, came out as the father of her baby daughter, Dannie Lynn Hope, on “Larry King Live” Tuesday night.
“We love each other and it’s been going on for a very long time and because of my relationship as her lawyer, we felt it was best to keep everything hidden from Dannielynn,” Stern said. “And we’ve done a pretty good job of that.”
This is probably news to Smith’s ex-boyfriend celeb photographer Larry Birkhead, who is under the assumption that he is the baby’s father. “I am not surprised he would say this, but I am laughing at it. Larry King didn’t even believe Howard,” Birkhead told Us Weekly. “I have asked for a DNA test and I welcome it. … I know I am the father of the child. I look forward to having a relationship with my new daughter.”
Meanwhile, Smith is still reeling from the death of her 20-year-old son, Daniel Smith.
“[Dannie is] the one thing that is really keeping her going,” Stern said. “And through it all, even with all the pain, she has been a great mom, a very attentive mom.”
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