Process Begins to Identify Late Model's Assets, Distribution

Jun 20, 07:39 AM

Current Headlines: By LINDA DEUTSCH

By Linda Deutsch

The Associated Press

LOS ANGELES

Former foes Larry Birkhead and Howard K. Stern sat side by side in a courtroom Tuesday as a commissioner admitted Anna Nicole Smith's will to probate and ordered that Birkhead, father of the late model's daughter, would be guardian of the estate while Stern serves as executor of her will.

"The will dated July 30th, 2001, is admitted to probate," said Superior Court Commissioner Mitchell L. Beckloff.

The step begins a process in which Smith's assets will be identified and the court will determine how they should be distributed. The will left the entirety of her estimated $710,000 in assets to her now-deceased son.

Smith also noted in the will, "I have intentionally omitted to provide for my spouse and other heirs, including future spouses and children and other descendants now living and those hereafter born or adopted ."

Beckloff said he will notify Smith's mother, Virgie Arthur, of his action in case she wants to intervene legally. But a lawyer for Stern and the estate, Bruce Ross, said he believes Arthur has no standing in the case.

Smith gave birth to daughter Dannielynn in September, a few days before the death of son Daniel, 20, in the Bahamas. In February, Smith died at age 39 in Florida. Stern, her lawyer and companion, initially claimed to be Dannielynn's father, but Smith's ex- boyfriend Birkhead eventually showed he was the father and is now raising the child.

The baby could inherit millions from the estate of Smith's late husband, Texas oil tycoon J. Howard Marshall II.

Outside court, Ross said he would eventually present testimony from the lawyer who drafted Smith's will, saying that Smith did not intend to disinherit Dannielynn.

In an unrelated matter, Larry Seidlin, the judge who presided in the dispute over Smith's remains and was lampooned for his sobbing announcement of the verdict, will resign next month, a court spokesman said Tuesday.

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