3/09/2009

Anna Nicole Smith is an Estate Lawyer's Dream

My goodness. Let's go slow.

There's the Estate of Anna Nicole Smith who is in a big fight for money from the Estate of her dead husband (Howard Marshall) with the Estate of the dead husband's dead son (Pierce Marshall).

Three Estates, maybe four.

Three Estates. I guess we could throw in the Estate of Daniel, Anna's son, for good measure, as a beneficiary of Anna's Estate. Okay. Make that four Estates, really.

The latest fight: to lift the 9th Circuit Court of Appeals Stay, back to the US Supreme Court.

Now, we're talking about these cases going up to the United States Supreme Court here -- is the fight to lift the stay placed by the 9th Circuit Court of Appeals upon the $88.5 million dollar award granted to Anna Nicole by a lower federal court.

Attorneys go their whole lives without an argument before a circuit court of appeals, much less the U. S. Supreme Court. How many times has Anna's case been up there?

Anna's Estate Wants to Lift the Stay to Stop Pierce's Estate

That $88.5 million has grown over time to around $125 million. But here's the problem: before his death, Pierce Marshall moved a lot of assets around, and Estate of Anna attorneys are arguing that if that stay isn't vacated, the IRS may end up with all the money left in Estate of Pierce's accounts.

IRS versus all those attorneys' fees. C'mon. We know what those fee statements are like.

You know, I can't help but think -- and this is so NOT a legal analysis -- that old Howard Marshall would kinda like cute little Dannilynn to have that cash. Maybe that's just me.

5 comments:

Cato Younger said...

I kinda doubt it Rebecca. It just doesn't make sense if you think about it. Would you want your life's work to go to the illegitimate child of your ex-spouse? Just my $.02.

Rebecca said...

Hi Cato,
First, thanks for writing.

And, I'm still thinking that old Howard would because Anna was never his ex-spouse, she was his widow ... and I don't think he'd see it as betraying him that she had a child after his death.

Just a thought ....

Cato Younger said...

That might make sense if Marshall had no family. Betrayal really does not enter into it and wasn't what I was trying to say. How could he feel betrayal over a relationship post-death? Likewise, how could he desire to bequeath assets to unrelated children he would never know or care about?

However one characterizes their relationship, there is no indication he would have a desire to give assets to a child not related to him in any way and the result of an illigitimate relationship. Just does not make sense to me.

Sandy said...

Yea, I disagree too. Marshall intentionally excluded Smith from his will...what on Earth makes you think that he would want her daughter to inherit even a penny of his estate??

belicoso said...

Why would J.Howard Marshall have wanted Dannielynn to have any of his estate when he didn't even want Anna to get an inheritance from him. The fact that after Marshall had extensive estate plans executed should have precluded Anna from any award. The matter should have ended in TX probate court where all estate matters should end...it should not have ever been given new life from, of all things, a CA bankruptcy court. Anna's claim was absurd during her lifetime and the claim of her estate is the same.