California Family Law Lawyer Attorney Blog /Blawg

On a personal level, I was in Los Angeles Superior Court Central District, Department 2, The Honorable Judge Schnider presiding, on February 20, 2007 for an ex parte hearing. Low and behold as I turned the corner to go to the Department, I observed about 50 people standing outside of the Courtroom. It turns out that a hearing was being held that same morning, in the same department, and at the same time as my hearing, in the Anna Nicole Smith paternity case. I had no clue. There were reporters everywhere. I can tell you war stories about practicing law in Los Angeles. Anyway.............

Many things have happened since my last article on the death of Anna Nicole Smith. I was incorrectly informed before I wrote the article that Anna’s mother was given the body for burial. We have since learned otherwise.

A Florida Judge determined that her infant daughter is her heir. (Pursuant to the laws of intestate succession) The Florida Court then appointed a guardian ad litem (minors counsel) for the child, to represent the child’s interest because she is under the age of majority. (A minor) The Judge then directed the guardian ad litem to do what is in the child’s best interest, but strongly suggested that he look at the intent of Anna Nicole as to where she wanted to be buried. (The Bahamas)

I do not do probate law, but all California Lawyers must take Wills & Trust, which is a subject that is tested on the California State Bar. I still very much remember the subject but it is not one of my practice areas.

Testamentary intent is a huge factor not only for wills, but for other issues as well. It is not rocket science. What we observed in the Florida Court is that the judge took testimony on the intent of Anna Nicole. (And many other things) “Where did Anna Nicole Smith want to be buried?” (The Judge opined that it was in the Bahamas)

I am not going to comment on the proceedings in Florida other than to say that I am not used to such informality. In the Court’s that I play in, the rules are much more formal and structured. The Florida proceeding was a free for all.

This issue is moot now. Anna Nicole Smith has been buried in the Bahamas after an appellate court in Florida let the decision of the probate court stand. I feel that a Guardian should have been appointed for the body of Anna Nicole Smith to carry out her intent rather than a guardian ad litem for the child, because a guardian ad litem is supposed to do what is in the minor’s best interest. What does the burial of a mother have to do with the minor’s best interest? Anyway, the end result would have been the same anyway.

Who is the Father?

I was absolutely shocked to learn that Anna Nicole Smith’s lawyer Stern is in fact a California Lawyer. He testified to this fact on the stand under penalty of perjury. Furthermore he testified to entering into a sexual/romantic relationship with his client; Anna Nicole Smith, while still representing her. This appears to be a violation of California Rules of Professional Conduct 3-120, 3-110 as far as I can tell. I am very surprised that no one is talking about this issue. I would hope that the California State Bar investigates this situation because it does make our profession look bad. In the end it will be up to the California State Bar to determine if Rule 3-120 and Rule 3-110 were violated by Stern.

If I were in his shoes, I would have withdrawn from representation before entering into any such relationship. As a matter of fact, I would not enter into any such relationship with a client. It reeks of impropriety; especially considering the fact that it appears that he has a financial interest in her will, i.e., primary executor.

It appears to me that the Bahamas was specifically chosen by Anna Nicole Smith and/or her lawyer, for the baby to be born in because their laws presume that the father of the child is the one listed on the Birth Certificate and other factors. In other words the Bahamas could rule that Stern is the father without ordering a DNA test, even if he is not the biological father. In California, the biological parent has primary rights of a child subject to other factors which I will not discuss here.

The bottom line; it appears that the Bahamas were selected specifically to preclude a real biological father from obtaining custody if in fact Stern is not the biological father, which he does claim to be.

I hope that the Bahamas does the right thing and order a DNA test of the child, and give the child to the biological father whoever that may be so long as he is fit to be a parent! We will soon see.

Follow the Money

This is an issue which raises the biggest stink factor in my mind. Is it not true that Anna Nicole Smith’s son died months before her under similar circumstances? Has anybody considered the possibility that both may have been slipped a drug cocktail that may have killed them? Since it was suspected that both were using drugs, would the fact that they both died of potential drug overdoses within months surprise anyone if they died of drug interactions or overdoses? Probably not. It would be a perfect crime if they were in fact slipped a drug cocktail that killed them.

Who has the most to gain if Anna or her son is not in the picture? In the criminal world, detectives and district attorneys look at motive, means, and opportunity when they are investigating suspects. Did anyone have a motive, means, and opportunity to kill Anna or her son? Think about it!

I am not a conspiracy theorist under most circumstances, but the weirdness of the timing of the deaths, coupled with the fact that her attorney, who also became her lover during his representation of her, happens to be the executor of the estate in her will, raises a big red flag in my mind. I think this issue needs to be looked into. The only problem is that we have overlapping jurisdictions, i.e. Florida and the Bahamas. The coincidence is just too convenient. Could a crime have been committed here?

We have all seen cases on Court TV and other shows where people have been murdered for money. Could this be the case in the death of Anna Nicole Smith and her son? Who was present or in the vicinity of both Anna and her son when they died? Are you getting the picture yet?

It could be that no one did anything, and Anna and her son died as reported with no external assistance. In the end and at this point, only God really knows. I would hope that this would be investigated!

In anycase, Anna’s daughter will most likely inherit her money even though she is not mentioned in the will. Whoever is the executor of Anna’s estate, will control her lawsuits including the big one against her deceased geriatric husband. The executor will be entitled to compensation for being executor. I wonder how much their fee will be?

Years to Come

The tragedy of the Anna Nicole Smith case will most likely continue for years. You can bet your tail that if the Smith estate prevails in the big case that many more lawsuits will arise. The vultures will come out of the woodwork to eat their share.

My hope is that someone will be there for Anna’s infant daughter.

I will continue to write about Anna Nicole Smith from time to time as things progress. All we can all do now is play grandstand quarterback in what is a tragedy.

By Norman Gregory Fernandez, Esq. © 2007