September 17, 2008

Anna Nicole Smith’s Last Will Was Written Years Earlier when she was single

Anna Nicole Smith made her last will when she was single, and had only one son. She was also single when she died, even though she had a “commitment ceremony” with Howard Stern--but not marriage license.

Estate Lawyers will tell you that New York State doesn’t recognize common law marriages. Therefore, the aforementioned commitment ceremony doesn’t have any legal significance in Nassau County. Howard Stern wouldn’t have a spousal right to inherit from Ms. Smith’s will if she passed in NewYork and the case was in probate in a Nassau Court. If you want someone to have inheritance rights specifically name them in your will.


Smith’s 2001 will was drafted using her unmarried name, Vickie Lynn Marshall. Stern is designated as a trustee to hold property “in trust for my child,” her son and only heir, Daniel Wayne Smith, preceded her in death.

No one could anticipate the craziness caused by her untimely death: child custody, who is the father, who gets her estate, her mother’s involvement, etc. etc.

Many people do not like the thought of their own death, so they do not work with an attorney to create the right will.

The office of Stephen Bilkis & Associates can help you prefer the right will for specific needs.

Simple Will: Provides for outright distribution of assets. Ideal if you estate is also “simple.”

Testamentary Trust Will: This will set sup trusts that cover some of our estate assets. Will goes into effect only after you die.

Pourover Will: Leaves some of your assets in a trust that you had established.

Joint Will: Covers two people (husband and wife). Not the right will if you have a large estate.


(Will information adapted from ABA Guide to Wills and Estates
Copyright 1999, 2000, 2002 American Bar Association.)


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September 16, 2008

Consult With A New York Estate Lawyer If You’re Not Legally Married And Have A Child As Did Heath Ledger

The mysterious death of actor Heath Ledger in a New York apartment has triggered a question about the welfare of his daughter, Matilda Rose. Matilda Rose is the offspring of Ledger and actress Michelle Williams whom Ledger met on the set of “Brokeback Mountain.”
The child being born out of wedlock brings up questions and problems and points out the importance of having a N.Y. Estate Lawyer to guide one through this complicated area of law. The office of Stephen Bilkis & Associates can help you draft the proper will for your specific needs. For instance, New York State does not recognize common law marriages. This fact as well as other provisions in the law has an enormous effect on the type of will one should have. Lack of good and knowledgeable advice can cost you dearly.
Ledger who grew up in Perth, Australia appeared first in the film “10 Things I Hate About You” (1999) and later in “”A Knight’s Tale” (2001) and “Casanova” (2005). But it was “Brokeback Mountain” which brought Ledger notoriety and acclaim for his role as a taciturn cowboy who falls in love with another cowboy played by Jake Gyllenhaal. Both men seem to live “normal” married lives as they intermittently continue their affair which ends sadly.

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