Site Meter

Anna Nicole Smith’s will

You may also like...

11 Responses

  1. Nevin says:

    This sounds like a noob question, but it seems to me that Daniel (had he been alive) would have been able to demand the whole inheritance under the rule in Saunders v. Vautier instead of being bound by the restrictions set by Anna. Or does Californian law preclude this?

  2. Kaimi says:

    Nevin,

    I’m not aware of any U.S. jurisdictions where the Saunders v. Vautier rule applies. It definitely does not apply in California.

    As a general matter, U.S. jurisdictions favor the Claflin rule, rather than the Saunders v. Vautier rule. And under Claflin, beneficiaries cannot terminate a trust if that would go against a material purpose of the settlor.

    The Claflin doctrine has been modified by statute in a number of jurisdictions, including California, to provide some exceptions. It is still the general baseline, however.

  3. What about relatives of predeceased spouse? says:

    What about Section 6402.5? Didn’t Marshall die less than 15 years ago? And if she gets a portion of that estate, wouldn’t ALL of it be “attributable” to him?

    § 6402.5. Predeceased spouse; portion of decedent’s estate attributable to decedent’s predeceased spouse

    (a) For purposes of distributing real property under this section if the decedent had a predeceased spouse who died not more than 15 years before the decedent and there is no surviving spouse or issue of the decedent, the portion of the decedent’s estate attributable to the decedent’s predeceased spouse passes as follows:

    (1) If the decedent is survived by issue of the predeceased spouse, to the surviving issue of the predeceased spouse; if they are all of the same degree of kinship to the predeceased spouse they take equally, but if of unequal degree those of more remote degree take in the manner provided in Section 240.

    (2) If there is no surviving issue of the predeceased spouse but the decedent is survived by a parent or parents of the predeceased spouse, to the predeceased spouse’s surviving parent or parents equally.

    (3) If there is no surviving issue or parent of the predeceased spouse but the decedent is survived by issue of a parent of the predeceased spouse, to the surviving issue of the parents of the predeceased spouse or either of them, the issue taking equally if they are all of the same degree of kinship to the predeceased spouse, but if of unequal degree those of more remote degree take in the manner provided in Section 240.

    (4) If the decedent is not survived by issue, parent, or issue of a parent of the predeceased spouse, to the next of kin of the decedent in the manner provided in Section 6402.

    (5) If the portion of the decedent’s estate attributable to the decedent’s predeceased spouse would otherwise escheat to the state because there is no kin of the decedent to take under Section 6402, the portion of the decedent’s estate attributable to the predeceased spouse passes to the next of kin of the predeceased spouse who shall take in the same manner as the next of kin of the decedent take under Section 6402.

    (b) For purposes of distributing personal property under this section if the decedent had a predeceased spouse who died not more than five years before the decedent, and there is no surviving spouse or issue of the decedent, the portion of the decedent’s estate attributable to the decedent’s predeceased spouse passes as follows:

    (1) If the decedent is survived by issue of the predeceased spouse, to the surviving issue of the predeceased spouse; if they are all of the same degree of kinship to the predeceased spouse they take equally, but if of unequal degree those of more remote degree take in the manner provided in Section 240.

    (2) If there is no surviving issue of the predeceased spouse but the decedent is survived by a parent or parents of the predeceased spouse, to the predeceased spouse’s surviving parent or parents equally.

    (3) If there is no surviving issue or parent of the predeceased spouse but the decedent is survived by issue of a parent of the predeceased spouse, to the surviving issue of the parents of the predeceased spouse or either of them, the issue taking equally if they are all of the same degree of kinship to the predeceased spouse, but if of unequal degree those of more remote degree take in the manner provided in Section 240.

    (4) If the decedent is not survived by issue, parent, or issue of a parent of the predeceased spouse, to the next of kin of the decedent in the manner provided in Section 6402.

    (5) If the portion of the decedent’s estate attributable to the decedent’s predeceased spouse would otherwise escheat to the state because there is no kin of the decedent to take under Section 6402, the portion of the decedent’s estate attributable to the predeceased spouse passes to the next of kin of the predeceased spouse who shall take in the same manner as the next of kin of the decedent take under Section 6402.

    (c) For purposes of disposing of personal property under subdivision (b), the claimant heir bears the burden of proof to show the exact personal property to be disposed of to the heir.

    (d) For purposes of providing notice under any provision of this code with respect to an estate that may include personal property subject to distribution under subdivision (b), if the aggregate fair market value of tangible and intangible personal property with a written record of title or ownership in the estate is believed in good faith by the petitioning party to be less than ten thousand dollars ($10,000), the petitioning party need not give notice to the issue or next of kin of the predeceased spouse. If the personal property is subsequently determined to have an aggregate fair market value in excess of ten thousand dollars ($10,000), notice shall be given to the issue or next of kin of the predeceased spouse as provided by law.

    (e) For the purposes of disposing of property pursuant to subdivision (b), “personal property” means that personal property in which there is a written record of title or ownership and the value of which in the aggregate is ten thousand dollars ($10,000) or more.

    (f) For the purposes of this section, the “portion of the decedent’s estate attributable to the decedent’s predeceased spouse” means all of the following property in the decedent’s estate:

    (1) One-half of the community property in existence at the time of the death of the predeceased spouse.

    (2) One-half of any community property, in existence at the time of death of the predeceased spouse, which was given to the decedent by the predeceased spouse by way of gift, descent, or devise.

    (3) That portion of any community property in which the predeceased spouse had any incident of ownership and which vested in the decedent upon the death of the predeceased spouse by right of survivorship.

    (4) Any separate property of the predeceased spouse which came to the decedent by gift, descent, or devise of the predeceased spouse or which vested in the decedent upon the death of the predeceased spouse by right of survivorship.

    (g) For the purposes of this section, quasi-community property shall be treated the same as community property.

    (h) For the purposes of this section:

    (1) Relatives of the predeceased spouse conceived before the decedent’s death but born thereafter inherit as if they had been born in the lifetime of the decedent.

    (2) A person who is related to the predeceased spouse through two lines of relationship is entitled to only a single share based on the relationship which would entitle the person to the larger share.

  4. What about relatives of the predeceased spouse? says:

    Sorry, I can’t read.

    (a) For purposes of distributing real property under this section if the decedent had a predeceased spouse who died not more than 15 years before the decedent and there is no surviving spouse or issue of the decedent, the portion of the decedent’s estate attributable to the decedent’s predeceased spouse passes as follows:

    That answered my question. Carry on.

  5. Robert Ritter says:

    Since H.K. Stern is listed as father to Dannielynn on the birth certificate, and how is this going to be challeneged if he is not the biological father? Anna N Smith and the hospital staff mental aspect may be questioned, since she listed Stern as the father.

  6. Scott says:

    Very interesting post. Watching all the news has really confused me on everything that is going on in this case. Your article put a nice perspective on it.

    -Scott

    http://www.thelegalscoop.com

  7. michelle says:

    Here is the question I have been asking myself and have not heard it mentioned on TV yet (or maybe I just missed it.

    How are there soooo many legal issues left undone with the one person closest to Anna Nicole is a lawyer??? Why was the will not updated? Why is there issues with the home in the Bahamas, you would think it would have been given to her in a legal and binding manner. Why are the so many questions about Danielynn, he should have know that just lising him as the father on the birth certificate would not be enough.

    At first I though he may somehow be responsible. But now he stands to loose everything that has been his life for so long, due to legal inconstistancies and incompletions.

    Any comments????

  8. michelle says:

    Here is the question I have been asking myself and have not heard it mentioned on TV yet (or maybe I just missed it.

    How are there soooo many legal issues left undone with the one person closest to Anna Nicole is a lawyer??? Why was the will not updated? Why is there issues with the home in the Bahamas, you would think it would have been given to her in a legal and binding manner. Why are the so many questions about Danielynn, he should have know that just lising him as the father on the birth certificate would not be enough.

    At first I though he may somehow be responsible. But now he stands to loose everything that has been his life for so long, due to legal inconstistancies and incompletions.

    Any comments????

  9. Patce says:

    Just curious, all of this talk re: HKS “killing” Daniel and Anna, wouldn’t it been prudent for him to wait until they were legally married? I feel he would at the very least, been a spouse with some spousal privileges.

  10. isabelta says:

    The fact isThe fact is clear – since the primary beneficiary of her will died prior to inheritance then the exclusion clause applies; meaning, since her son preceded her in death then that potion of her will that leaves her estate to him is intestacy, that part of the will is null and void.

    The remaining parts of the will not impacted by her son’s death are still in effect, meaning her specific exclusions, i.e. future spouse or children, are specifically excluded, so section 6401 and 6402 do not apply because she had a specific exclusion clause that is enforceable congruent with the exception clause.

    So who does her estate go to? Any living relative not specifically excluded under the exclusion clause of her will – for instance, her mother and not her daughter.

    The point is, her exclusion clause is enforceable under the exception portions of her will – it states that only that part of the will which is not enforceable may be negated, and any other part of her will that is enforceable, e.g., exception clause, does indeed remain in effect – so, no money for her daughter and the closet living relative (her mother) receives the estate.

    clear – since the primary

  11. Wedny says:

    I think that the whole thing is just sad with all that was left undone Anna is being forgotten it seemed that she was so lonely in life with all that she had and now that she is gone everyone is fighting for her leftovers and not missing her

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>

*
To prove you're a person (not a spam script), type the security word shown in the picture. Click on the picture to hear an audio file of the word.
Anti-spam image