Law208
Question 2A Question of Ethics: Wills
FACTS: VickieLynn Smith, an actress and model also known as Anna Nicole Smith,met J. Howard Marshall II in 1991. During their courtship, J.Howard lavished gifts and large sums of money on Anna Nicole, andthey married on June 27, 1994. J. Howard died on August 4, 1995.According to Anna Nicole, J. Howard intended to provide for herfinancial security through a trust, but under the terms of hiswill, all of his assets were transferred to a trust for the benefitof E. Pierce Marshall, one of J. Howard’s sons. While J. Howard’sestate was subject to probate proceedings in a Texas state court,Anna Nicole filed for bankruptcy in a federal bankruptcy court.Pierce filed a claim in the bankruptcy proceeding, alleging thatAnna Nicole had defamed him when her lawyers told the media thatPierce had engaged in forgery and fraud to gain control of hisfather’s assets. Anna Nicole filed a counterclaim, alleging thatPierce prevented the transfer of his father’s assets to a trust forher by, among other things, imprisoning J. Howard against hiswishes, surrounding him with security guards to prevent contactwith her, and transferring property against his wishes. See[Marshall v. Marshall, 547 U.S. 293, 126 S.Ct. 1735, 164L.Ed.2d 480 (2006)]
Question2(B)
1. Anna Nicoleexecuted her will in 2001. The beneficiary—Daniel, her son, who wasnot J. Howard’s child—died in 2006, shortly after Anna Nicole gavebirth to a daughter, Dannielynn. In 2007, before executing a newwill, Anna Nicole died. What happens if a will’s beneficiary diesbefore the testator? What happens if a child is born after a willis executed?
Law 208 Question 2 A Question of Ethics: Wills FACTS: Vickie Lynn Smith, an actress and model also known as Anna Nicole
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