Taxation & Estate Planning

Anna Nicole Smith Case Update(s)

By michael

Special thanks up front to Professor Berry for these updates.  Without his lasting diligence I would have been forced to get my news from other, much less reputable places ;).

1.   Linking to this post at The Daily News, the Good Professor reports that a writ was filed before the U.S. Supreme Court asking that lawyers for the late Anna Nicole Smith be allowed to start collecting on $88 million awarded her by a Santa Ana judge from her husband’s estate.

The writ, filed with the court [on March 9, 2009], asks in the alternative that the heirs of Smith’s husband, Texas oil tycoon J. Howard Marshall, post a bond in that amount to assure that the money is there when when the legal battle concludes. * * *

However, David Margulies, who represents the heirs of J. Howard Marshall and his son, E. Pierce Marshall * * * denied the award by U.S. District Judge David Carter in 2002 is still valid.

Margulies said the 9th U.S. Circuit Court of Appeals threw out Carter’s award, finding that he overstepped the jurisdiction of the Probate Court.

Even though the U.S. Supreme Court in 2006 found that Smith had the right to pursue a claim on her husband’s estate, it did not uphold the $88 million award, Margulies said.

2.   According to the Associated Press and the Los Angeles Times. Anna Nicole’s boyfriend and lawyer, Howard K. Stern and her doctors Sandeep Kapoor and Khristine Eroshevich, have been charged with the felonies of conspiracy to provide drugs to an addict and unlawfully prescribing a controlled substance.  Mr. Stern was further accused of funneling the drugs to Smith from 2004 to January 2007, a few weeks before she died of an overdose.  Not looking good for him.  Professory Berry is linking to this CNN story.

Full post as published by The Ohio Trust & Estate Blog on March 13, 2009 (boomark / email).