California Family Law Lawyer Attorney Blog /Blawg

We have all read about the untimely death of 39 year old Anna Nicole Smith. Ms. Smith, a former Playboy Playmate of the Year, had a tumultuous life to say the least. She was born and raised in a small town in Texas. She became a stripper in that small town. She met and married a geriatric billionaire who subsequently died leaving a billion dollar plus estate.

Subsequently a lengthy legal battle ensued between Anna Nicole Smith, and the estate of her deceased geriatric husband which continues to this day. What is novel about this case is that it has gone on for approximately 9 years, and has gone up all the way to the United States Supreme Court.

Many of you probably watched or heard about the Anna Nicole Show on cable TV. Her antics on that show were sometimes bizarre to say the least. She was always seen on the TV show with a man which I will not name here, who represented himself as Anna Nicole Smith’s Attorney. I do not know what State this attorney is licensed to practice law in, but I did check the California State Bar register, and there are a few attorney’s listed with his last name.

I watched the show and thought that it was real bizarre that an Attorney at Law would constantly be hanging out and traveling with only one client. However, I figured that if she was paying him enough so be it. On a personal level that type of attorney/client relationship is not my cup of tea. I am a trial lawyer.

Based upon my personal opinion, Anna Nicole Smith seemed stoned out her mind on the show. She slurred her speech and seemed out of it. If you have watched the show, you know what I mean.

Anna Nicole Smith then went on to lose a tremendous amount of weight and recently got back into the limelight as a Spokesmodel for a weight loss company, and she started doing modeling again.

Anna Nicole Smith subsequently gave birth to a daughter recently. While she was in the hospital after the birth, her 20 year old son died in her hospital room under suspicious circumstances. Apparently her attorney from the TV show was there with her. Her attorney then made representations that the daughter was his, and that he and Anna Nicole Smith were married.

A man from California is claiming to be the real father to the child.

Tragically, Anna Nicole Smith recently died months after giving birth to her daughter, and months after her daughter was born.

I will try to address some of the legal issues that surround Anna Nicole Smith’s death.

(1) Who is entitled to custody of the child?

This is real simple; the father of the child. You can read a previous article I wrote on the subject here.
Apparently there are 3 or 4 men claiming that they are the father of Anna Nicole Smith’s daughter. The issue will be decided in Court through DNA testing.

The man from California claiming to be the father, recently obtained a Court order to obtain a DNA sample from Anna Nicole Smith’s body before it is buried, so that someone cannot do a switch of the baby for a different baby when a DNA sample is taken from the baby, to circumvent the test. This was a very smart move because the labs will be able to determine that the right baby is tested for paternity!

Anna Nicole Smith’s attorney/alleged husband, claims that he is the father of her daughter. If he is the real father of the daughter than DNA testing will prove it one way or another.

I have heard that the baby of Anna Nicole Smith is in the Bahamas, so the issue of obtaining a DNA sample from the baby will probably be decided in a Bahamas Court.

Another side issue with respect to the baby is the Anna Nicole Smith’s family could petition for guardianship of the baby based on the fact that the men claiming to be the real father are unfit to be parents!

(2) Why is custody of the baby so important legally? (Follow the Money)

If Anna Nicole Smith died intestate, (without a will) her daughter will inherit her entire estate, including the potential hundreds of millions of dollars from her deceased geriatric husband’s estate, if her estate prevails in that case, (discussed above) unless she was legally married at the time of her death, in which case her husband would get the money by intestate succession. (It depends on State Law)

I would hope that a father would want to care for and love their daughter, but in this case it appears that there are other issues involved, namely money!

If Anna Nicole Smith did have a will we should know soon, because probate attorneys for her estate will file a probate action in Court to enforce the will.

Again, if Anna Nicole Smith’s lawyer is really married to Anna Nicole Smith; why does he not present proof in the form of a license?

(3) Who is entitled to bury and/or make funeral arrangements for Anna Nicole Smith?

I just heard that a Florida Judge has ruled that her family, namely her mother, has the right to bury her daughter. This would mean to me that no evidence was presented by her attorney that she was married to the attorney that claimed to be her husband. If Anna Nicole Smith was legally married, than her husband would have the legal right to make her funeral arrangements. I am not saying that she was not legally married, I am saying that the Judge did not hear evidence that she was legally married, or that the evidence presented was insufficient. I do not know what arguments were made in that proceeding.

It is my opinion that she probably was not legally married to the attorney that claimed to be her husband otherwise he would have won or tried to win the right to bury her.

(4) What will happen to the case Anna Nicole Smith had against the estate of her deceased geriatric husband for Hundreds of Millions of Dollars?

It will most likely continue. The estate of Anna Nicole Smith will maintain the action against the estate of her deceased geriatric husband. If Anna Nicole Smith’s estate wins, the money will either go to her daughter intestate, (no will) or her legal husband if she does in fact have one. (Follow the money!)

If there is a will than the money will be distributed pursuant to the will, subject to a Court finding that the will is genuine and other issues.

(5) What about that Attorney that claims to be the husband of Anna Nicole Smith, and the father of her daughter?

In the State of California, it is unlawful for an attorney at law to have a sexual relationship with a client unless the relationship began before the representation, or started after the representation was concluded!

The reason why we have such a law is so that attorney’s do not take advantage of clients, and because it is a conflict of interest.

When I heard Anna Nicole Smith’s attorney announce that he was the father of the child, and that he got married to Anna Nicole Smith, this was the first issue I thought about. Again, as stated above, I do not know what State her attorney was licensed to practice law in, nor do I know when his romantic relationship began with Anna Nicole Smith, if at all! If he did start his relationship with Anna after he became her attorney, and did not stop his legal representation of her, than he would be in direct violation of California State Bar rules, and could be subject to disciplinary proceedings! (If he is a California Lawyer)

An attorney in California and probably every other State in the Nation has a duty to not promulgate Fraud before the Court. If Anna Nicole Smith’s attorney falsely claimed to be the father of her daughter, and falsely claimed to be her husband, than he could be in real trouble if the intent was to mislead the Court. It is one thing to diligently represent a client; it is another to purposefully promulgate fraud before a Court. We will have to see how this plays out.

In closing, there are many legal issues to be played out after the death of Anna Nicole Smith. Often times when someone with money dies, the very worst in human behavior manifest’s its ugly nature all in the name of greed. I have read cases where family members have killed one another to get the money.

For Anna Nicole Smith it is a paradox; she initiated a case against her billionaire deceased geriatric husband’s estate to get his money. Now the same thing will probably happen to her estate.

Rest in Peace Anna, your nightmare is over.

By Norman Gregory Fernandez, Esq. ,© 2007