FORT LAUDERDALE, Fla. – Anna Nicole Smith said in a 2001 will that all property of her estate should be given to her longtime companion Howard K. Stern to hold in trust for her son Daniel, who died in September.
But as the former Playboy Playmate planned to provide for her son, she appears to have failed to provide for her 5-month-old daughter Dannielynn with the following statement 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," she said.
The 19-page will did not say how much Smith was worth, so it is still a mystery how much money those battling over her and her baby daughter could get.
The will, which was released to the media, does not contain any information about where Smith would have liked to be buried. Nor did it mention her mother.
Stephen Tunstall, the attorney for Smith's estranged mother, Virgie Arthur, called the document a "phantom will," saying it is not valid because it was not filed in court.
"They say he is an executor. You are not an executor or a personal representative unless a court appoints you," Tunstall said.
But Stern attorney Ron Rale said: "The judge wanted it produced, but we won't depend on it for our case."
Also Friday, a judge ordered Stern to testify Tuesday in the continuation of a hearing over who should get custody of Smith's body.
"This is a struggle for all of us," the judge said. "Let everyone perspire here."
Stern claims he is executor of Smith's will and wants her buried next to her son in the Bahamas. Arthur wants her buried in Smith's home state of Texas.
Circuit Judge Larry Seidlin ruled that Stern must appear in court Tuesday "for the limited purposes of testifying" about the "issues" at hand that day — meaning where to bury Smith, he said.
Smith's mother and Smith's ex-boyfriend Larry Birkhead will also testify, along with other of Smith's friends and family members. Stern and Birkhead are among several men claiming paternity of Dannielynn.
The hearing adjourned just before noon EST Friday, and the recess will last until Tuesday.
Chris Boyett, a trust and estate lawyer not connected to the Smith case, said that since Smith's son is dead, the court will probably treat her estate as if she had died without a will, meaning her estate would by law go to her baby daughter.
"I don't think the result will be that it goes to no one," Boyett said. "I think the courts are going to find a beneficiary, and I think the beneficiary is going to be the minor child."
But Jeff Baskies, another lawyer who is not involved in the case, said that it was unclear who should get Smith's estate and that it would depend on the laws in the place where she claimed residency when she died. Smith had a home in the Bahamas.
The document was released hours after the judge — who is trying to broker a three-way dispute over the body — gave the OK to embalm Smith's remains.
Seidlin signed an order moving forward with the embalming of Smith's body.
"I want peace and tranquility, not only for the dead but for the living," he told participants Friday.
Seidlin granted a request by Stern's attorneys that he come in and out quickly, as he needs to return to the Bahamas to take care of Dannielynn. Stern is listed as the child's father on Dannielynn's birth certificate.
Lawyers for Smith's mother had already been granted their request that Stern not be allowed to leave the Bahamas with the baby, but Seidlin said he could come to Florida Tuesday for the hearing.
On Thursday, the judge ordered that additional DNA be taken from Smith's body, saying he wanted to make sure her body wouldn't have to be exhumed.
"When we bury her, I want it to be forever," Seidlin said.
Birkhead hopes DNA taken from her body will help prove he fathered the former centerfold's daughter, who could inherit millions.
In California, Prince Frederic von Anhalt, the husband of actress Zsa Zsa Gabor, filed legal documents Thursday seeking a DNA test to determine if he fathered the baby. Von Anhalt, who says he is 59, claims he and Smith had a decade-long affair.
Also in California on Thursday, the state medical board said it is investigating a doctor who may have prescribed methadone to Smith through a prescription that contained an alias.
The Medical Board of California began looking at Dr. Sandeep Kapoor after receiving information about possible misconduct, board spokeswoman Candis Cohen said. Cohen declined to give details on the allegation or its source but said it was connected to Smith.
Among other things, the board is investigating whether it is legal to prescribe drugs for someone using an alias, Cohen said. She described the review as routine and said the board is obligated to review all allegations of physician misconduct.
The celebrity news Web site TMZ.com this week published what appeared to be a 2006 pharmacy receipt for a methadone prescription written by a "Dr. Kapoor, S." to a "Chase, Michelle." TMZ said Smith used the name as an alias.
Methadone is similar to morphine and is widely used to treat severe pain; it is also used to treat heroin addiction.
As the proceedings dragged on Thursday, police investigated a burglary report in the Bahamas at a mansion that Stern and Smith shared. Stern, who was at the mansion with the officers, claims a computer, home videos and other items were taken from the house after Smith's death.
Smith, 39, died Feb. 8 after collapsing at a Florida hotel. She 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 fortune since his death in 1995.
The Associated Press contributed to this report.