Dannielynn awarded custody of Anna Nicole Smith's body

After weeks of fighting over who would get to decide where Anna Nicole Smith‘s remains would be interred, Anna’s daughter Dannielynn Hope Marshall Stern was awarded custody of her mother’s body in Broward County, Florida probate Judge Larry Seidlin ruling this morning. 

Anna’s mother Virgie Arthur wanted Anna buried in Texas while Anna’s companion Howard K. Stern wanted to bury her in the Bahamas. Since a 5 month old infant can’t make funeral arrangements, the decision on where to bury Anna will be made by Richard Milstein, Dannielynn’s lawyer and guardian. If Howard has any sway with him, Anna will be probably be buried in the Bahamas.

Trying to hold back tears, Judge Seidlin said, "I want her buried with her son in the Bahamas. I want them to be together."

After Anna’s son Daniel Smith’s tragic passing shortly after Dannielynn’s birth in September, Anna bought two double cemetary plots together in the Bahamas.

Howard’s lawyer, Krista Barth, told ET,

Anna Nicole had specific intentions regarding the disposition of her remains, and what that means [is that] Anna wanted to be buried next to Daniel [in the Bahamas]. Under Florida law, if you go to the next of kin argument, then a blood relative would have a greater legal right [to Anna Nicole's remains] … but you can look at lots of other extrinsic evidence — Anna Nicole told lots of people, and not just my client, what she wanted to happen to her remains, if something happened to her.

The next legal battle will be made in California, determining who Dannielynn’s biological father is. Even Judge Seidlin said that both Howard K Stern and Larry Birkhead should submit to DNA tests to determine Dannielynn’s paternity, saying, "End the baloney. In the old days, I’d be bangin’ some heads together."

I assume the next legal drama will be to decide how Anna’s estate will be distributed as Daniel was the sole beneficiary. 

Source: ET and NineMSN

Comments

Well as happy as I am with this decision, I know it’s not over because her mother has already filed an appeal about this. Frankly, whether you like the two guys or her mother–I don’t think there is any doubt in anyone’s mind where she wanted to spend eternity and that was next to her son. So I am not sure why her mother is continuing to fight this. She hasn’t seen her in YEARS and Anna made it clear she wasn’t her mother’s biggest fan. And whether her mother agrees or not, if she truly loves her daughter as she claims to, she’ll realize that Anna wants to spend eternity with her son. And to continue this charade of appeals and things–this woman’s body is lying in a morgue somewhere…can we please give her what little dignity she has left and lay her to rest already. It seems Howard and Larry are ready to do that–next to Daniel–her mother needs to realize this isn’t about some game or some amount of money–this is about a dead woman’s wishes–which were crystal clear in my opinion. May Anna finally rest in peace with her son…

- Megan on February 22nd, 2007

Finally a plan, with everything that went on this hole
week, it breaks my heart, she’s been lonely all this day’s. And as we all see she did not like ot be alone, and she did not want her son to be alone, she wanted to be with him, I believe she died of sadness, yes, she might of been happy with “DANIELYNN” but a mothers worst pain is that of a lost child..I pray for her every night, She was a wonderful, and beautiful woman, and we can not judge what she did, only one person can do that, She was human living in this crazy world we all live in, some of us can make it ok, some others cant..”Please just let her rest some,my heart goes out to all or any persons who have felt her loss…
I will be praying that all this passes soon so she can really rest now..and be with her son…to watch out over the baby.

- OLIVIA HERRERA on February 22nd, 2007

I am so glad this happened. Now Anna can be buried next to her beloved Daniel. Now, maybe we can find out who Dannielynn’s daddy is and the poor child can grow up without a media circus(whishful thinking, I know!). Her life will probably never be normal.

- tink1217 on February 22nd, 2007

I agree with Megan. Virgie needs to let her daughter rest in peace. If Larry & Howard can agree on the burial that should say something.

- C on February 22nd, 2007

megan – the way i look at it, her mother is just trying to profit from selling an exclusive on the funeral to the tabloids. however, i think howard k. stern is trying to act in her best interest and put her right next to her son. just my take on the situation.

- lee on February 22nd, 2007

Megan — I totally agree. I’m really growing more and more wary of Virgie with each passing minute. I can’t for the life of me imagine having my grandson’s body exhumed — and allowing my daughters body to decompose in some cold, lonely morgue — just to settle a score or turn a profit. With all the perverse things we’ve learned about Anna’s life this week, I think the insane need to ‘win’ that these people have is the most perverse thing of all. I kept hoping that Larry or HKS or Virgie would wave the white flag at some point and just concede her body so they could stop all that ridiculous testimony. It served no purpose other than to rob this poor woman of whatever dignity she had left.

I don’t care how she lived her life, once someone has died and can no longer defend themselves you owe them a certain level of deference. To drag this case on to the appellate level, to force people to testify about her drug habits and sex life, is just wrong. Shame on you Virgie! If you truly loved your daughter as you say you do, then let her rest in peace!

- Missy on February 22nd, 2007

I think this whole Anna Nicole mess is just so incredibly sad.

- Judy on February 22nd, 2007

Very sad indeed. Are there arguments like this over the average citizen?!
I have always thought it’s common sense to bury Anna next to Daniel. I really don’t see what Dannielynns paternity has to do with the location of Annas burial. The 2 cases should have been kept separate.

- Heavenly_hibiscus on February 22nd, 2007

This is such a sad situation! I hope the can all find away to settle things for that baby girl. I hope the mother lets Anna be burried next to her son.

- Jamie on February 23rd, 2007

I think this was the right decision. Did anyone think the judges reaction (very emotional, holding back tears) ODD???

- Diana on February 23rd, 2007

i want howard k. stern to comply. he is being a jerk and because of it and the bahamian law, larry is missing out on crucial bonding time with his child. i really hope that this new florida judge hearing the paternity case today complies with the california judges orders. larry’s lawyers are really being immoral and unethical. the best interest of the baby should preside over the law and they should bring in a child psychologist to further larry’s case. howard needs to be prosecuted for escaping american law and that should not be rewarded. i am praying to god that larry gets his kid and the baby is taken away from the bahamas and with larry. i hope this gets resolved quickly for larry and that the judges have a heart. i hate howard k. stern for screwing larry over.

- natalie on February 23rd, 2007