Abuse of Discretion
Just weeks after a federal appeals court ruled Anna Nicole Smith’s estate was not entitled to any of her late husband’s fortune, Larry Birkhead went on a whirlwind publicity tour to announce personal items from the former Playmate’s estate would be sold at public auction last weekend in Las Vegas. Birkhead appeared on the TODAY show, MSNBC and E! News with his young daughter Dannielynn, sole heir to Smith’s estate. Throughout this tour, outlets reported a portion of profits from the auction will be given to two charities – PETA and the Anna Nicole and Daniel Wayne Smith Foundation. In fact, the official auction booklet featured a letter written by Birkhead stating as much. As Chuck Muth noted recently in Nevada News & Views – “Anna Nicole Smith Auction in Vegas Big Rip-Off?” – motives for hosting this auction are highly suspect. In addition to the question of exactly who will receive profits from last weekend, there are two legal issues at play here: the fiduciary responsibility of Howard K. Stern – Smith’s former companion now accused of contributing to her death – as executor of the estate and the questionable decisions of Birkhead as guardian of the sole heir. Read More …