Norman Gregory Fernandez, Esq.
California Family Law Lawyer Attorney Blog /Blawg
California Family Law Lawyer Attorney Blog /Blawg
If you would like to discuss your California Family Law Case with me, you may contact me through my office at 818-584-8831.
The Southern California Family Law Blog / Blawg features articles written by Attorney Norman Gregory Fernandez related to California Family Law Issues.
We will discuss; Marriage, Domestic Partnerships, Dissolution of Marriage & Divorce, Legal Separation, Child Custody, Child Support, Child Visitation, Community Property, Separate Property, Property Division issues during a divorce, pre-nuptial and post-nuptial agreements, and many other issues related to California Family Law.
If you wish to contact me or submit articles, you may do so by sending me an email to law@norman-law.com. I offer free consultations by telephone on California Family Law Matters!
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Archives for: March 2007
03/03/07
An Update on the Anna Nicole Smite Debacle; Was a Crime Committed Here?
06:53:29 am, by Norman Gregory Fernandez, Esq. 
, 1333 words, 2383 views 
Categories: Child Custody / Visitation, Paternity, News, Articles
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.