Legal Ramifications

Legal Ramifications of Anna Nicole Smith's death--This is assuming CA law controls which is really uncertain right now.

#1 If Anna died without a will, then everything would go to her daughter, UNLESS she and Howard K Stern were legally married.

#2 If she and Howard K Stern were married, and there was not a will, then one half of the estate would go to Howard and the other half to her daughter.

Here are some possible issues-

#1 If Howard believed he married Anna Nicole Smith, but in actuality did not, he could still be afforded the rights of what is known as a putative spouse.

#2 Inherited property is separate property which means that even if she was legally married, the money Anna was receiving from her deceased husband can all be left to her daughter if she provided for her daughter in the will.

#3 Mr. Birkhead is NOT entitled to any money even if he is the father, and would probably not be able to touch any of his daughter's money except for Health, Education and Welfare. HEW would be her necessary expenses. In this kind of situation, that money will be tremendous and Mr. Birkhead will no doubt live large, but HE will not actually own anything.

#4 Even IF Mr. Birkhead is judged to be the father, he would not automatically gain custody of his daughter. The court would decide who would be the best parent of those who petition the court.

#5 Her son's death should not have any effect on this proceeding.#6 The money she is going to get from her deceased husband is still in litigation. The fact that her adversary in that proceeding is also dead will mean that it will be an estate vs estate battle.

(No, I didn't do the research myself. This came from a CA attorney)