The Marshall family has provided additional information: While Anna Nicole Smith alleged tortuous interference, a Houston Probate Court threw out the claim.
As the result of receiving a default judgment against her for sexual harassment, Smith petitioned for bankruptcy in the U.S. Bankruptcy Court in California. The Marshall's son made a non-dischargeability claim against Smith based on allegedly libelous statements she made shortly after her husband became deceased accusing the son of frustrating the deceased's intentions to set up a new trust and isolating the deceased. The son had successfully sued Smith's attorneys on the same grounds in Texas State Court. The debtor opposed the claim and countersued the son on the basis that the statements were true. The Bankruptcy Court dismissed the libel claim on summary judgment and did not allow the claim to proceed to trial. After being released from bankruptcy, Smith prosecuted her counterclaim against the son for interfering with the father's intention to set up a trust in favor of Smith.
During the Texas Probate proceeding, the Bankruptcy Court awarded Smith $474 million on the basis of a sanction against the son and deemed the interference to have occurred. The Federal District court subsequently vacated the Bankruptcy award and reduced Smith's award to $88 million.
However, after a five month jury trial in Texas, the Probate Court entered a decision that the deceased's will and trust were valid and his son was the primary beneficiary, rejecting Smith's claim that the son had exerted undue influence on his father or interfered with any trust for Smith. As such, when the matter came before the 9th Circuit appellate court, it rendered the District Court's decision invalid on jurisdictional grounds, declaring that only Texas's Probate Courts had jurisdiction over matters of estate probate.
