Tuesday, September 27, 2005

Trust litigation attorneys probate court legal battle continues - Anna Nicole Smith case accepted by Supreme Court

The Trust contest of Anna Nicole Smith and the trust litigation attorneys helping her against the trust litigation lawyers helping E. Pierce Marshall the younger son of J. Howard Marshall her elderly husband who died at age 90 after 14 months of marriage when she was 26 and he was 89 continues. This has been a great case for the trust litigation law firms given the interesting legal issues and tens of millions of dollars in legal fees during a decade long battle through numerous courts and jurisdcitions. They will soon be able to resolve the case as the Supreme Court has agreed to hear the case.

The case will decide when federal courts can hear claims that are also involved in state probate proceedings? The case is known as The case is Vickie Lynn Marshall v. E. Pierce Marshall, 04-1544. Anna Nicole Smith's formal legal name is Vickie Lynn Marshall. The case will be argued on jurisdictional grounds. In 1946, the Supreme Court ruled that Congress did not confer on the federal courts jurisdiction to validate a will through probate or to administer an estate.

The Trust Litigation dispute the attorneys will be arguing about on jurisdictional grounds may produce a recovery to Anna Nicole of up to $474 million from her deceased billionaire husbands estate. The trust dispute the attorneys have been arguing over the past decade has been in bankruptcy court, probate court, federal and state courts and in both Texas and CA with significant differences among the various courts. Victory for one side or the other has been shortlived with decisions being appealed and overturned. While the case has had some strange and interesting facts the case illustrates the importance of proper planning and jurisdiction.

Below is a link to an article discussing the history of the trust litigation case and the legal aspects involved.

http://http://writ.news.findlaw.com/grossman/20001121.html