A federal Judge has denied the estate of Anna Nicole Smith $300 she claimed her ex husband who died at the age of 90 an oil billionaire had promised her. J. Howard Marshall who had a $1.6 billion dollar estate and gave her millions in gifts during his lifetime has been contested for 15 years. The trust and estate litigation has been disputed by each side in probate court, bankruptcy court, the Supreme Court and numerous venues with a series of conflicting results with a bankruptcy court awarding as much as $474.5 million another court cutting it back to $89.5 million.
The federal judge essentially determined they had been wasting their time the past decade. He cited that a 2001 Texas jury verdict said that the money was not intended as a gift and there was no undue influence or fraud. During that court fight as both parties were present and had the opportunity to present their case then the jury spoke the district court should have held to the findings of the Texas Probate Court and that should have precluded other courts (such as the bankruptcy speaking to the factual findings or legal conclusions). Although the bankruptcy court had made their ruling first in 2000 and Anna Nicole's attorney sought to argue federal court should therefore control the courts found the case was initially in probate court and their was a full trial at the probate court level and the bankruptcy decision did not have jurisdiction but was merely an advisory opinion.
In 2002 a district court cut back the 2000 bankruptcy verdict in favor of Anna Nicole but this federal court ruled that given the 2001 probate court case the 2002 judge should have dismissed the case instead of merely cutting the amount to $89.5 million.
His family said that lies about E Pierce Marshall have finally been put to rest.
In 2006 the US Supreme Court had ordered a federal appeals court to reconsider its ruling against Smith.
It is an important decision from a jurisdictional issue. Had the bankruptcy court been able to prevail and take precedence over the probate court it would have provided a 2nd chance to rush off to another venue when it appeared a case was going poorly and create jurisdiction shopping. Here there was already a probate case going but then she went to a different jurisdiction and was able to get them to take the case on different grounds of a supposed bankruptcy but essentially just a tactic to retry the case in a different context and court. This decision sends the message to determine facts regarding the probate and trust issues in the probate court and to then go with the factual finds of that court and not drag it through to numerous other types of courts to get another shot on the same factual determinations.
Anna Nicole was 26 when she married the 89 year old J. Howard Marshall who was 89 after meeting her a couple years earlier when she was a stripper. They were married for only 14 months.
One of her attorneys Howard Stern who was also a past boyfriend was to be paid a contingency fee and will now also receive nothing absent another reversal. She had been his only client and he had made no money for years as mentioned during her estate. At this point the son of J. Howard Marshall who was initially litigating against Anna Nicole died and his estate continued to fight then she did as well and even her son died so the only heir was her daughter who is a minor but she will receive nothing based on the decision. The son's family hopes this finally concludes 15 years of disputes regarding the estate. It has been an interesting case to follow for jurisdictional and other reasons. An article discussing his not receiving anything can be found here.