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

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, known as Taxgirl, is a tax attorney, writer, and speaker who explains tax news, IRS updates, scams, financial crime, and money in plain English.

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3 Comments

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

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