Smith’s Will In Probate
Larry Birkhead and Howard K. Stern sat side-by-side in a courtroom as a commissioner admitted Anna Nicole Smith’s will to probate and ordered that Birkhead would be guardian of the estate while Stern serves as executor of her will.”The will dated July 30th, 2001, is admitted to probate,” said Superior Court Commissioner Mitchell L. Beckloff. This begins the process in which Smith’s assets will be identified and the court will determine how they should be distributed. The will left the entirety of her estimated $710,000 in assets to her now-deceased son. Smith also noted in the will, “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.” Beckloff said he will notify Smith’s mother, Virgie Arthur, of his action in case she wants to intervene legally. But a lawyer for Stern and the estate, Bruce Ross, said he believes Arthur has no standing in the case. Ross said he would eventually present testimony from the lawyer who drafted Smith’s will, saying that Smith did not intend to disinherit her daughter.”There is no provision in the will that names Dannielynn and purports to disinherit her,” said the lawyer. Ross said the attorney who drafted the will would testify that he and Smith discussed the possibility of her having future children.”She said, ‘I probably won’t have future children, but if I do I would want them to be the beneficiaries of the trust,’” Ross said. Asked why Smith made a provision to leave everything to her son and to specifically disinherit future children, Ross said, “Anna was concerned that someone would pop up out of the woodwork.” In an impromptu news conference, Stern and Birkhead said they were on good terms, that both are concerned for the welfare of the baby and will do everything necessary to assure a good future for her.”I’m going to help Larry any way I can,” said Stern. “Larry will be a good father.”
