A Question of Ethics – Will Requirements Vickie Lynn Smith, an actress and model

Question

A Question of Ethics – Will Requirements

Vickie Lynn Smith, an actress and model also known as Anna Nicole Smith, met J. Howard Marshall II in 1991. During their courtship, J . Howard lavishes gifts and large sums of money on Anna Nicole, and they married on June 27, 1994. J. Howard died on August 4, 1995. According to Anna Nicole, J. Howard intended to provide for her financial security through a trust, but under the terms of his well, all of his assets were transferred to a trust for the benefit of E. Pierce Marshall, one of J. Howard’s son. While J. Howard’s estate was subject to probate proceeding in a Texas state court, Anna Nicole field for bankruptcy in a federal bankruptcy court. Pierce field a claim in the bankruptcy proceeding, alleging that Anna Nicole had defamed him when hew lawyers told the media that Pierce had engaged in forgery and fraud to gain control of his father’s assets. Anna Nicole field a counterclaim, alleging that Pierce prevented the transfer of his father’s assets to a trust for her by, among other things, imprisoning J. Howard against his wishes, surrounding him with security guards to prevent contact with her, and transferring property against his wishes.

Question

1. State courts generally have jurisdiction over the probate of a will and the administration of an estate. Does the Texas state court thus have the sole authority to adjudicate all of the claims in this case? Why or why not?

Explanation / Answer

No, the Texas state court does not have the sole authority to adjudicate all of the claims in this case. It can only pass judgement in the probate of the will which will make the will valid and all of the deceased assets will be transferred to the trust mentioned in his will. The claims of Anna defaming Pierce and Anna's claim of Pierce imprisoning his father against his will cannot be adjudicated within the probate of the will, they have to be dealt seperately.

Related Questions

Navigate

• Browse (All)
• Browse A
• Subjects

Integrity-first tutoring: explanations and feedback only — we do not complete graded work. Learn more.