Anna Nicole Smith Will Filed; Howard K. Stern Waives Fees, Asks to be Executor of E$tate; Larry Birkhead Files to be Dannielynn Guardian, Girds for Attacks; Will Virgie Challenge? Where There’s a Will, Will There Be A Way…Around It?
(AP) — Four months after she died of an accidental drug overdose, Anna Nicole Smith’s six-year-old will was filed Monday in Los Angeles by her attorney and companion Howard K. Stern.
The document leaves assets estimated at $710,000 to Smith’s now-deceased son, Daniel, and also gives Stern custody of Daniel, who was a minor in 2001, when the will was written.
In a probate petition signed May 7 by Stern, he asked a judge to recognize the document as Smith’s last will and him as its main executor. The petition also names Smith’s 8-month-old daughter, Dannielynn, as her survivor, and Larry Birkhead as the infant’s father.
Daniel was 20 when he died in September in the Bahamas from a lethal combination of drugs, days after Smith gave birth to Dannielynn. The girl was briefly thought to be fathered by Stern before paternity tests showed the father was Birkhead.
The probate proceeding to sort out Smith’s assets, debts and taxes will lead to the establishment of a trust with Dannielynn as its sole beneficiary, said Stern’s attorney Bruce S. Ross.
With the trust, the girl could inherit the estate of Smith’s late husband, Texas oil tycoon J. Howard Marshall II, estimated to be worth $500 million.
Birkhead also filed papers Monday to ask a judge to appoint him as guardian of Dannielynn’s estate.
“As the child’s father and caregiver, (Birkhead) is in the best position to protect and safeguard the interests of his child as guardian of her estate, including her interests in the estate of her deceased mother,” the petition said.
A June 19 hearing was scheduled to hear both petitions.
Smith was 39 when she died Feb. 8 in Florida from a mix of prescription drugs.

May 16th, 2007 at 1:08 am
If Larry is guardian of the child’s estate and Howard is
executor of the will than does Larry have the upper hand?
How does this all play out?
May 16th, 2007 at 1:35 am
Great job as always Art!!!
May 16th, 2007 at 9:12 am
I missed you Art. I hope all of this turns out right for all involved. I don’t believe Virgie has a snowball’s chance in hell of getting standing to do anything. I think she’s done, whether she knows it or not. Everyone is jumping on the band wagon again, talking about Howard and the will because, perhaps, he didn’t give them all of the details they desired. Nancy Grace went on and on and on last night trying to make something out of nothing. It is none of her business what Anna had or left here. The news media says they’re concerned about Dannielynn. That’s bull. I think Dannielynn is going to be just fine. I believe she will be financially secure because Howard for one, is going to do everything in his power to make sure of that. I hope Larry does the same, and I hope Virgie just stays away.
May 16th, 2007 at 9:21 am
i am glad howard is trying to take care of this.I just wish that people would not keep degrading him for trying to do the right stuff.Last night on nancy grace it was sounding like everyone was claming that howard had hidden anna estate proety and mis used her money. Were is mr woods when the people are saying all this stuff. Also how is the court case for danniel inquest comming along and do we have a date yet.I can’t wait for the people to see howard had nothing to do with this death and can let him move on. patricia
May 16th, 2007 at 9:51 am
Good Work Art!
I thoroughly enjoy your journalism, without the heaping dash of sensationalism. BRAVO !
It seems that finally both Birkhead & Stern are working on a united front to protect and ensure the security (including financial) for the precious child left in the middle.
I applaud them for finding the common ground and being able to work together for the same goals.
Howard has been upstanding from the get~go and has set a fine example for Larry to follow.
I hope this is just one move of many for these two to ensure that Dannielynn recieves the respect and security she deserves, the comfort that her mother would have wanted for her.
Thank you Art for providing the facts and your wonderful outlet provided for those everywhere that seek the FACTS without the drama.
May 16th, 2007 at 7:14 pm
this is what howard has been saying from the first time in the fl. court room.even the judge made a smart remark about it. he has proclaimed this many times. and in his eulogy he let everyone know .again what his intentions are.why has’nt anyone but a few listened? why does it seem so hard to believe that he is a man of his word and he would keep his word, if it takes his entire life. i will tel you why they don’t shall i say want to believe him.because it shows he is a better man than all of these naysayers, because none of them would do what he is going to do. they are less the he. he is going to do what he has to ,np matter who comes at him. and howard YOU are one in a TRILLION
May 17th, 2007 at 11:13 am
Like you Art, Howard is an honorable man and hopefully this will all work out. In the court of public opinion he is not doing so well right now but with respected journalist’s like you reporting the true facts people are bound to take notice. This could be very helpful in the days ahead with all of his court battles. Other than that I don’t believe he gives a darn about his public image because he knows what he is made of and see’s the character and self respect looking back every time he looks in the mirror. He loved this woman and her child and everything he does he is doing for them.
May 17th, 2007 at 11:46 am
If Howard Stern is found guilty in the matter of Danny Smith’s death will that change his status as executor of Anna’s estate?
May 17th, 2007 at 7:42 pm
Art, Thank you. Again, great job, but it would be nice to hear from you more often! Your unbiased reporting is terrific.
When will Nancy Grace and Greta Van Susteren “grow-up” in their reporting? Both of them present their shows around the theme of “guilty until proven innocent” disappointing former fans.
May 19th, 2007 at 1:18 pm
Very impressive journalism. I believe the source here is actually Howard himself. Sadly, I also believe Daniel committed suicide.
May 19th, 2007 at 8:00 pm
Dear Art Harris,
I see no way around it…but, I’m no lawyer, that’s a fact…Her ‘Will’ (Her Last Wishes) clearly make ‘him’ the sole benefactor to Dannielynn, as executor, excluding future children (accidental or ‘incidental’ daddies) and so-called family members (DNA or blood relatives/that would include a ‘mommy dearest’).
May 19th, 2007 at 10:44 pm
Yeah Howard is taking care of things alright-he is getting the money in Swiss Accounts. He clearly knew how to scam someone out of money, he did it to Anna for 12 years and clearly knows how to hide it-I don’t trust Howard for nothing.
May 21st, 2007 at 1:23 am
HOWARD, is doing what ANNA would want him to do, handle her business. Anna named Howard the executor of her will / estate. This is her wishes, she didnt name any ex-boyfiends or mother. she named howard. No one was trying to change the will while Anna was alive. “HELLO” Anna loved Howard. And Howard loved Anna.
He will do what is right for Anna’s Daughter.
Good Luck Howard!!
May 21st, 2007 at 6:45 pm
Yea Deb, You are right on about HKS.. In the end Howard will be seen as who he really is-a nothing and nobody whose gravy train is dry. Mr harris, i am surprised that you allow any negativity about HKS in your web site. Are you a HKS fan? if so you need to open your eyes and see who he really is.
May 23rd, 2007 at 10:01 am
Hello.
Do you think Virgie will still try and get visitation as well as joint coustody at this late date in June. I would like you to please email me the answer to thease questions.
Carolyne.
May 25th, 2007 at 1:12 pm
V – VICIOUS
I – IGNORANT
R – RIDICULOUS
G – GREEDY
I – INSENSITIVE
E – EVIL
May 25th, 2007 at 1:20 pm
H – HELPFUL
O – OUTSTANDING
W – WITTY
A – ATTENTIVE
R – RESPECTABLE
D – DEPENDABLE
May 25th, 2007 at 2:29 pm
a bad job
May 29th, 2007 at 9:52 am
Deb- are you one of those bobble head dolls that Nancy Grace keeps on her desk when she needs a mouthpiece to chime in and back up her ‘spin cycle’ ???LOL…
Proof of swiss bank accounts, please..proof that Howard stole from Anna…
The way I see it, Anna owes Howard for 12 years of work of legal fees, as her agent negotiating her contracts, personal assisant etc…what do people who do that type of work typically make??
usually anywhere from $60-150,000 per year…
x 12 years =720,000-1.8 million…
and you are angry at him for not insisting that she pay him??? come again?
She may have paid some of his basic expenses, but she didnt pay him for his time or expertise..
The man went to UC-Berkely, and UCLA law school for christs sake!HE DESERVED TO BE PAID!!
May 31st, 2007 at 10:57 pm
#19 PROTECT DANIELLYNN, I AGREE W/ YOU. The mocking of HKS as being a mooch is so silly. HKS wud be a much richer man today if he had other clients. Not only that, the 6% of the $80+ million from the Marshall estate once calculated out (after the other lawyers got their cut) is nothing compared to what he cud have made by now. It is obvious to me that it was never about the money. I believe that he loved her. No one will convince me otherwise. We did not leave our brains at the door like some others have. Thanks for your common sense. Also,Art, you have renewed my faith in journalism.