This guest post is by Regent Law 3L Kristin Pryor:
As the anniversary of the death of Anna Nicole Smith approaches, her demise and the ensuing legal battle for her estate had more
twists and turns than an essay question for a law school exam, although any
exceptional family law professor might have a few more! Anna Nicole Smith left
behind a potentially huge inheritance from her husband, a 5-month old daughter
– the paternity and custody of whom was uncertain – and a questionable marriage
to her lawyer, Howard Stern, that lacked a marriage certificate.
At
the age of twenty-seven, former playboy model Anna Nicole Smith married 89-year
old billionaire Howard Marshall who passed away just a year later. With
widespread speculation that she married him just for his money, Anna Nicole
Smith battled for his estate. Smith had not been named in Marshall’s will, but neither was there any marital agreement regarding the matter, making her a pretermitted spouse, entitled to an intestate share of the estate. She further claimed he orally promised her half his estate. Smith and Marshall’s
disinherited son, J. Howard Marshall, battled for the estate against Marshall’s
other son, E. Pierce Marshall, who had been named in his will. E. Pierce
Marshall’s widow continued litigation on his behalf after his death in 2006.
Litigation over the estate continued through 2015, long after Smith’s death in
2007 from a drug overdose, with cases even reaching the Supreme Court. Read
them here
and here.
With
paternity of her 5-month old daughter in question and a potential estate up for
grabs, men claiming to be the baby’s father came running from all directions.
Smith’s boyfriend and attorney Howard Stern announced he was the father, but
his announcement was soon followed by a paternity lawsuit from Larry Birkhead.
Smith’s family members revealed that Smith had her late husband’s sperm frozen
and planned to have his child, and two other men came forward claiming to be
potential fathers. Eventually, DNA tests
revealed Birkhead to be the father.
With
paternity resolved, litigation over Smith’s last will and testament ensued.
Smith had named her son who predeceased her in 2006 as the sole beneficiary,
excluding all other children, but her daughter had not been born when the will
was written. She named Howard Stern to be executor of the estate but Larry
Birkhead filed a petition to probate as a party with interest in her estate
shortly thereafter. Litigation finally ended in 2015, eight years after her
death.
After
twenty years of litigation, millions of dollars spent in attorney’s fees, and
both the plaintiff and defendant dying, what can be learned? Here are the key lessons we should all apply
to our lives:
1.
Consult with an estate planning lawyer to create a will. An estate planning
lawyer will help you clearly state your intent for distribution of your
property, ensure that you name someone to handle your estate, and prevent
mistakes with your specific wishes. Before you head into your appointment with the
lawyer, make a list of what you own, your heirs, and where you would like your
property to go. A good estate lawyer can discuss the best way to handle estate
taxes and any potential problems you might face.
2.
Prepare an advance medical directive. Advance medical directives clarify your
wishes for (or decline of) medical care in the event that you cannot make those
decisions yourself.
3.
Lastly, and perhaps the most valuable lesson we can take from Anna Nicole
Smith, is to keep your will updated! You should be checking and updating your
will with every major life event. Marriage, divorce, death, acquiring or
selling real property, and the addition of a child all qualify as major life
events.
Having
a will and keeping it updated regularly is the best way to prepare and provide
for your loved ones after your passing. It helps your family immensely. Years of litigation over an estate and
millions of dollars could have been spared if Howard Marshall and Anna Nicole
Smith had only updated their wills. You can do better!
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