The judge is deciding Anna Nicole Smith's final resting place. Her mother is fighting to have her buried in her Texas hometown, while Howard K. Stern wants her buried next to her son Daniel, in the Bahamas.


Hearing Set for Anna Nicole Smith Burial


FORT LAUDERDALE, Fla. (AP) - The late Anna Nicole Smith has the right to rest in "peace and tranquility," a judge says, but the question over her burial is far from settled.

The long-distance battles over what to do with Smith's body - and the paternity of her infant daughter - were taking place Tuesday in courtrooms in Florida and California.

Smith's estranged mother, Virgie Arthur, and boyfriend, Howard K. Stern, were set to square off here. Lawyers for Stern were also set to argue in Los Angeles with those for Smith's ex-companion over who is the father of her infant daughter, Dannielynn.

No immediate ruling on the burial question was expected from Circuit Judge Larry Seidlin. Without written proof of Smith's own wishes, Seidlin will be forced to hear testimony from those who claim to know what Smith wanted.

"We're trying to balance the rights and respect of a body that wants peace and tranquility," Seidlin said last week.

Stern's expected court appearance in Florida came after Stephen Tunstall, the attorney representing Arthur, pushed for it Friday. Stern's attorneys resisted, but Seidlin ordered him to court.

"I want him here," Tunstall said. "There is no reason why he can't be here."

Stern wants Smith buried in the Bahamas in a plot that was purchased next to her son, Daniel, who died in September. Arthur wants her brought home to her native Texas.

The mother has a perhaps unlikely ally in Larry Birkhead, Smith's ex-boyfriend, who delayed a decision on the star's burial by fighting for another DNA sample he hopes will prove he is his baby's father. He was expected to testify for Arthur.

But Stern has allies of his own. A bodyguard, doctor, neighbor and friend all have submitted affidavits claiming Smith told them she wanted to be buried next to her son. And Stern has provided invoices showing the purchase of burial plots in the Bahamas.

Arthur insists, despite her estrangement, she has the right to bury her own daughter, not a man to whom Smith wasn't even married.

"Since the dawn of civilization, the next of kin has been given the rights and responsibility of their dead," Tunstall said.

In Los Angeles, the dispute over who is the father of 5-month-old Dannielynn was scheduled to be taken up in a closed-door hearing. Stern is named father on the girl's birth certificate but Birkhead and Frederic von Anhalt, the husband of actress Zsa Zsa Gabor, have filed a separate paternity challenges.

Smith died in Florida on Feb. 8 at age 39. The cause of death is under investigation. Smith was the widow of Texas oil tycoon J. Howard Marshall II, whom she married in 1994 when he was 89 and she was 26. She had been fighting his family over his estimated $500 million fortune since his death in 1995.

I think Anna should be buried next to her Son thats where she wanted to be put...so I voted for that!:D

I think next to Daniel... not for the satisfaction of creep-o Stern, but because she wanted to be with her son.

I think Anna should be buried next to her son, Daniel. He's her closest of kin, that's what she wanted, and they should respect her wishes.

I can't even believe there's a judge deciding this. Being buried next to her son is what she wanted. Who cares what other people want?? It makes me sick knowing a complete stranger is deciding where she's going to live for eternity.

I accidentaly voted for the wrong one. If Anna wanted to be buried with her son, then that's where she should be buried, period!!! To deprive her of that would be unjust, and cruel.

She should absolutely be next to her son, no ifs ands or buts!!

I had to vote can't decide, but there should really be a "Don't care" choice. LOL!!

I think Anna should be buried next to her son, Daniel. He's her closest of kin, that's what she wanted, and they should respect her wishes.
I agree. However, let me clarify, the judge is NOT deciding where she will be buried. The judge is deciding who will get the remains of Anna's body and let that person(s) decide where she will be buried. Just wanted to clarify this for all of you.

I agree. However, let me clarify, the judge is NOT deciding where she will be buried. The judge is deciding who will get the remains of Anna's body and let that person(s) decide where she will be buried. Just wanted to clarify this for all of you.
I understand that. I just figured that it's understood, that since the judge is deciding who gets Anna's remains, he is, in essence, deciding her final resting place...but I understand what you're saying. I won't use the caveman smiley on you Irene. Oh what the hell, why not. ;)

:caveman:

I understand that. I just figured that it's understood, that since the judge is deciding who gets Anna's remains, he is, in essence, deciding her final resting place...but I understand what you're saying. I won't use the caveman smiley on you Irene. Oh what the hell, why not. ;)

:caveman:
:rofl: Didn't mean to use a "tone" with you. :lol: I mean, if Anna's family gets the remains, they could turn around and decide to bury her somewhere else other than Texas, they could cremate her, they could make a mausoleum somewhere. Same thing with Stern.

:rofl: Didn't mean to use a "tone" with you. :lol: I mean, if Anna's family gets the remains, they could turn around and decide to bury her somewhere else other than Texas, they could cremate her, they could make a mausoleum somewhere. Same thing with Stern.
You know, of my few suggestions and contributions on SO over the years, I swear I'm most proud of that caveman smiley. :lol:

I agree with your post too.

LONG LIVE THE CAVEMAN!!!!!!!! :rofl:

The judge in this matter is PISSED. HE WANTS IT FINALIZED TODAY! The coroner has just stated on the phone in the courtroom that Anna's remains have degraded faster than expected. Basically, SHE NEEDS TO BE BURIED ASAP!

No doubt about it, she should be buried next to her son. That was truly the love of her life.

I think she should be buried in the Bahamas. She said that she wanted to be buried in the Bahamas where her son was buried.

From what I understand abt the law in Texas, it seems that a family member is with whom the remains should be going to. If the judge rules with what is law, then it seems apparent Anna's mother will get her wish. However, I am hoping since Anna purchased plots in the Bahamas and obviously buried her son there, that Anna's intentions will be honored here, therefore, making Howard the one with whom the remains will go to. Whatever the case, her body is deteriorating and the coroner said the latest to have a viewing would be Saturday, which means the judge needs to finalize this tomorrow.

Definitely in the Bahamas, next to her beloved son... :(

I vote next to her son, too.

She should be buried with her son, end of story. This case is another sad reminder of why it is important to ALWAYS have an updated will and to always make sure your loved ones understand your final wishes.

Personally, I'm sick of all the media attention this is getting. Bury the poor woman and let her fade into obscurity already! I feel bad for her family, especially for the little girl who will never get to know her mother, (Although in this case I doubt that's a bad thing.) but really, she was just rich white trash.

Battle Over Smith Burial Has New Urgency

FORT LAUDERDALE, Fla. (AP) - The drawn-out court battle over what to do with Anna Nicole Smith's body has a new sense of urgency: the starlet's remains are decomposing more quickly than expected and a public viewing could be in danger.

That warning from Broward County's medical examiner Tuesday came as Smith's boyfriend and her estranged mother fought over where to bury the former Playboy pinup. The legal maneuvering that was set to continue Wednesday has been going on for about a week, and Smith died Feb. 8. Her cause of death is under investigation.

Also at issue in a California court is who fathered Smith's 5-month-old daughter, Dannielynn, who could inherit millions of dollars. Boyfriend Howard K. Stern is listed as the father on the birth certificate, but a photographer who once dated Smith says the girl is his.

Stern wants Smith to be buried next to her son Daniel in the Bahamas, where he died from apparent drug-related causes last year. The mother, Virgie Arthur, wants Smith and her grandson buried back in Smith's native Texas, her attorney said.

"First off, Anna Nicole wanted to be buried in Texas. Her entire family is buried in Texas," Arthur's attorney, John O'Quinn, told on CBS's "The Early Show" on Wednesday.

Without written proof of Smith's wishes, Circuit Judge Larry Seidlin was forced to hear testimony from those who claim to know what she wanted. He said he would rule by Friday.

Arthur, who was expected to back on the stand Wednesday, testified that drugs soured her relationship with her daughter. Arthur said the two talked only every few months and that Smith often called her in the middle of the night sounding "drugged."

"She was on Valium. She liked downers," Arthur said. "She didn't like uppers."

O'Quinn accused Stern of causing Smith's drug problems, and that she was "egged on to say things sensational" about her relationship with her mother.

Stern earlier testified Smith never recovered from her son's death. He said a grief-stricken Smith threw herself over his body as he lay in a coffin in the Bahamas, wailing, "If Daniel has to be buried, I want to buried with him."

Stern attorney Krista Barth said she had bank documentation proving Smith had agreed to pay for two cemetery plots in Nassau. She showed an "Entertainment Tonight" interview in which Smith expressed hatred for her estranged mother.

O'Quinn said Smith's son was buried illegally in the Bahamas. "There was no reason to be burying somebody who is not a legal resident of the Bahamas in the Bahamas," he told CBS.

"This whole case is based on fraud, fraud, fraud perpetrated by Stern so he can always control everything and make money off of Anna," he said.

Stern testified the couple considered each other husband and wife and had celebrated a commitment ceremony, though it was not legal. Stern said they had planned to legally wed this week. He conceded, however, that Smith had other lovers.

He also said he isn't looking for any money from her estate and would waive his fee as the executor of her will. "I do not intend to get one penny," Stern said.

Still, the issue of who is Dannielynn's father was inescapable. The girl could be worth millions of dollars, depending on how Smith's estate is divided up.

A California judge refused to give up the paternity case involving the girl but suggested there were still questions to be resolved before the courts can determine which state has jurisdiction.

Attorneys for Arthur and the other man who claims to be the father, Larry Birkhead, sought to discredit Stern. Outside the courtroom, Debra Opri, who represents Birkhead, said Stern's claim of a romantic relationship with Smith wasn't even true.

Smith was the widow of Texas oil tycoon J. Howard Marshall II. The two married in 1994 when he was 89 and she was 26. She had been fighting his family over his estimated $500 million fortune since his death in 1995.

Why is Larry Birkhead even there???? Why is he even needed in the court room?

I think she would have liked to be buried in the Bahamas next to her son. How could her mother even say she wanted her in Texas. Their relationship was terrible.

From what I understand abt the law in Texas, it seems that a family member is with whom the remains should be going to. If the judge rules with what is law, then it seems apparent Anna's mother will get her wish. However, I am hoping since Anna purchased plots in the Bahamas and obviously buried her son there, that Anna's intentions will be honored here, therefore, making Howard the one with whom the remains will go to. Whatever the case, her body is deteriorating and the coroner said the latest to have a viewing would be Saturday, which means the judge needs to finalize this tomorrow.


On the news today it was said that Howard Stern bought the plots.

With her son.

Question: If you have to be a citizen of the Bahamas to be buried there, why was Daniel Smith buried there?? :confused:

I actually think that the son should be moved and buried in Texas and that Anna can be buried next to her son. No matter where, she should be next to her son, but the mother is seeking to get the son moved as well.

Why is Larry Birkhead even there???? Why is he even needed in the court room?

He is a witness. He's going to testify today or tomorrow.

She definately wanted to be next to her son. She chose the Bahamas, and it's also a place where she had her little girl. It's a place she had some good memories. She never wanted to go back to Texas.

Why are people even bothering listening to her mother? She hated her mother. I have relatives that I don't ever want to have any say in what happens to me, so I can definately sympathize with her. I don't know what her mom did to upset her so much, but I'll bet there was a good reason.

He is a witness. He's going to testify today or tomorrow.


A witness for what?? The only thing he did was sleep with anna

I don't know what her mom did to upset her so much, but I'll bet there was a good reason.
Testimony reached a boil in a Florida courtroom on Tuesday when Howard K. Stern's lawyer played a video of the late Anna Nicole Smith tearfully revealing how she feels about her estranged mother, Virgie Arthur, who wants custody of the former Playmate's body.

The footage was shot for Entertainment Tonight and The Insider but never aired.

Said Smith, "You want to hear all the things she did to me? You want to hear all the things she let my father do to me, or my brother do to me? Or my sister? All the beatings and the whippin's and the rape? That's my mother. That's my mom!"

Whether Anna's mother did anything wrong or not, the fact that Anna didn't like what her mother did while she was alive, make accusations (true or not), imply that Anna and/or Howard were responsible for the death of Daniel, her mother getting $$$ to "grieve over Daniel's grave", etc. was enough for Anna to not want anything to do with her mother. I agree with the poster above, if there is a family member trying to get your remains and you were not on good terms with them (for whatever reason) why should they have your remains and decide where to bury you?

I put "Can't decide" because I could really care less. This story is getting as old and smelly as last weeks underwear.

I put "Can't decide" because I could really care less. This story is getting as old and smelly as last weeks underwear.
Try being here in South Florida!! I can't turn on any of the local tv stations without hearing about it. It is on the front cover of the newspaper and the courthouse is a madhouse!! I had to go there today to file some papers and it took me forever to get thru security!! UGH!! I will just be glad when it is all over with!!

In Cali w/ her son.

JMO
She loved California, it was her dream to make it there. I hate to have to dig up her son, but he was in the Bahamas for 2 days before he died. He LOVED California. They have no connections to the Bahamas. Hopefully the judge will see she was hiding out there and it is not her home. I know H. Stern is not the dad, I can't wait till he is thrown to the curb.

I think she should be buried at the (former) Hallowed Haunting Grounds!

Try being here in South Florida!! I can't turn on any of the local tv stations without hearing about it. It is on the front cover of the newspaper and the courthouse is a madhouse!! I had to go there today to file some papers and it took me forever to get thru security!! UGH!! I will just be glad when it is all over with!!

You too?! Wow, you are right, down here is a total madhouse. But I don't see this unnesscary drama ending. It seems like everyone, including the judge wants 15 minutes of fame, stretching out to a year or two. Call it the "O.J syndrome'.

Glad to know she is going to be with her son. But that was NOT the issue here. It is obvious that the parties' wanted her buried with her son, it's whether it was going to be California (Anna's true wishes) or Texas (where she definitely DIDN'T want to be buried) or the Bahamas, simply because that is where she buried her son to avoid coming to the states and dealing with the paternity issue. No matter, she and her son have been together all along since she passed. They are looking down and probably hoping all the parties' involved can come together and wishing no more fighting will occur.

Something tells me that in the future, Anna and Daniel will be exhumed and brought to California, here in Westwood.

Thank God he finally made a decision!! Now maybe life can get back to normal here!! I am soooooo glad that the this is over....

I'm very happy to hear that this issue has been resolved. When are we supposed to know the paternity of the baby??

Try being here in South Florida!! I can't turn on any of the local tv stations without hearing about it. It is on the front cover of the newspaper and the courthouse is a madhouse!! I had to go there today to file some papers and it took me forever to get thru security!! UGH!! I will just be glad when it is all over with!!
Even most of the TV channels around here talk about it.

She should rest next to her son and I'm glad to hear that she is going to

Next to Daniel, of course.

tough call.

I think she should be buried next to James Brown.

What?

I think she should be buried next to James Brown.

What?
The Howard Stern show said James Brown and Anna Nicole should go on tour. :crazy:


Her mother is being an ass by filing an appeal. Her mother needs to let this thing go and focus on Dannielynn.

The Howard Stern show said James Brown and Anna Nicole should go on tour. :crazy:


Her mother is being an ass by filing an appeal. Her mother needs to let this thing go and focus on Dannielynn.

:yeahthat

Defintely in the Bahamas. How dare she... she didn't even care about her for the last 20 years anyway. :rolleyes:

:yeahthat

Defintely in the Bahamas. How dare she... she didn't even care about her for the last 20 years anyway. :rolleyes:
I wouldn't say she cared. She did want her off of drugs, however, the way she went abt accusing Anna and Howard of causing Daniel's death, selling pictures, making money, not coming out forthright on the stand this week when asked questions abt receiving money (selling stories, doing interviews, etc)...she avoided those financial questions all the way. She is a liar.

I heard yesterday that Anna will be Buried Next to her son

Update: Anna Nicole was buried in The Bahamas. Story's at www.msn.com.