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  • Where’s There’s A Will, There’s Confusion

Where’s There’s A Will, There’s Confusion

Kelly Phillips ErbFebruary 17, 2007November 17, 2019

The most recent news out of the Anna Nicole Smith camp is that her Will does not provide for anyone other than her now deceased son, Daniel. In fact, it specifically excludes afterborn children and future spouses.

Of course, the wrench in all of this is that Daniel predeceased Anna Nicole, thus likely creating an intestacy (the legal term when there is not a will or if there is a will but a hole in the scheme of distribution). So now it really matters where Anna Nicole’s domicile is judged to be, as the laws of that jurisdiction would determine the distribution. Like the James Brown situation, it now matters whether Anna Nicole is actually married to her attorney, Howard Stern – that “little piece of paper” suddenly makes all of the difference in the world.

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Kelly Phillips Erb
Kelly Phillips Erb is a tax attorney, tax writer, and podcaster.
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3 thoughts on “Where’s There’s A Will, There’s Confusion”

  1. Kermit Honeycutt says:
    February 24, 2007 at 2:44 pm

    …which is why marriage should be a right available to everybody, not just heterosexual couples, right?

    Reply
  2. Taxgirl says:
    February 26, 2007 at 6:54 am

    I think so, yes.

    Reply
  3. moneypenny says:
    May 18, 2008 at 2:22 pm

    Good and useful for everyone who scribbles out a will without looking to the future.

    Reply

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