Todd Steele, Attorney at Law
208 E. Anderson Street
Brownwood, Texas 76801
(325) 643-6587
Brownwood, Texas 76801
(325) 643-6587
February 18, 2007
It seems like the world has been obsessed with the Anna Nicole Smith story. Every time I open a
newspaper or turn on the news, it seems to be the hot topic. I have to admit that I have been
interested in some of the legal issues that have been presented.
I harp on my clients to have their business in order. It is ultimately important to have a will in
place, as well as a power of attorney, medical power of attorney, and a living will. The will is
extremely important in the event of your death. A will presents clarity with regard to who gets
your property when you're gone. It can also dictate who will take care of your minor children until
they turn 18.
I recently saw a headline that indicated that Anna Nicole's will created more legal confusion in her
ongoing saga. This caught my eye, because that is the opposite effect that a will is supposed to
have. Apparently, Anna Nicole's will left her entire estate to her son, Daniel Smith. The will
explicitly left out anything for anyone except Daniel. It specifically excluded any present or future
spouse, and any future children that might be born. The problem is that Daniel died last year, and
Anna Nicole recently gave birth to a baby girl.
WOW!!!
So what now? Will the Courts decide that Anna Nicole's real intent was to benefit her child, and
let the new born baby have it all? I don't know, since the will said that she expressly disinherits
any future born children. I think the only other alternative would be for the estate to pass under
the laws of descent and distribution (the law that states who gets your property if you die without
a will). The problem with that is that it's not exactly accurate... she died with a will. One thing is
certain, someone will get it.
It all depends on the law in the jurisdiction of Anna Nicole's residency at the time of her death,
which also seems to be unclear. Anna Nicole had a house in the Bahama's, but there seems to be
some merit to a claim that her intended residency was Florida.
WHAT A MESS!!!
The lesson here is to not only have a will in place, but review it often, at least annually. Give
serious consideration to at least a few alternatives. For instance, consider naming contingent
beneficiaries to spouses and children, etc.
It seems like the world has been obsessed with the Anna Nicole Smith story. Every time I open a
newspaper or turn on the news, it seems to be the hot topic. I have to admit that I have been
interested in some of the legal issues that have been presented.
I harp on my clients to have their business in order. It is ultimately important to have a will in
place, as well as a power of attorney, medical power of attorney, and a living will. The will is
extremely important in the event of your death. A will presents clarity with regard to who gets
your property when you're gone. It can also dictate who will take care of your minor children until
they turn 18.
I recently saw a headline that indicated that Anna Nicole's will created more legal confusion in her
ongoing saga. This caught my eye, because that is the opposite effect that a will is supposed to
have. Apparently, Anna Nicole's will left her entire estate to her son, Daniel Smith. The will
explicitly left out anything for anyone except Daniel. It specifically excluded any present or future
spouse, and any future children that might be born. The problem is that Daniel died last year, and
Anna Nicole recently gave birth to a baby girl.
WOW!!!
So what now? Will the Courts decide that Anna Nicole's real intent was to benefit her child, and
let the new born baby have it all? I don't know, since the will said that she expressly disinherits
any future born children. I think the only other alternative would be for the estate to pass under
the laws of descent and distribution (the law that states who gets your property if you die without
a will). The problem with that is that it's not exactly accurate... she died with a will. One thing is
certain, someone will get it.
It all depends on the law in the jurisdiction of Anna Nicole's residency at the time of her death,
which also seems to be unclear. Anna Nicole had a house in the Bahama's, but there seems to be
some merit to a claim that her intended residency was Florida.
WHAT A MESS!!!
The lesson here is to not only have a will in place, but review it often, at least annually. Give
serious consideration to at least a few alternatives. For instance, consider naming contingent
beneficiaries to spouses and children, etc.