We wrote earlier about the first Supreme Court ruling on Anna Nicole’s estate here regarding the so-called "probate exception" to federal jurisdiction.
Here we go again.
A writ has been filed before SCOTUS asking that " lawyers for the late Anna Nicole Smith be allowed to start collecting on $88 million awarded her by a Santa Ana judge from her husband’s estate."
See Gerry Beyer’s post at Wills, Trusts & Estates Prof Blog discussing the writ. Here is an excerpt:
"The writ, filed with the court [on March 9, 2009], asks in the alternative that the heirs of Smith’s husband, Texas oil tycoon J. Howard Marshall, post a bond in that amount to assure that the money is there when when the legal battle concludes. * * *
However, David Margulies, who represents the heirs of J. Howard Marshall and his son, E. Pierce Marshall * * * denied the award by U.S. District Judge David Carter in 2002 is still valid.
Margulies said the 9th U.S. Circuit Court of Appeals threw out Carter’s award, finding that he overstepped the jurisdiction of the Probate Court.
Even though the U.S. Supreme Court in 2006 found that Smith had the right to pursue a claim on her husband’s estate, it did not uphold the $88 million award, Margulies said."