Impact of Anna Nicole Smith Decision

On May 1, 2006, the United States Supreme Court rendered its opinion in Marshall v. Marshall which permits Anna Nicole Smith to continue her attempt to seek a portion of her deceased husband’s estate in federal court.

Martha Neil in her article More Probate Suits Seen in Smith Ruling, ABA J. e-Report, May 5, 2006, reports that the case is expected “to open federal courtroom doors to a deluge of new estate-related litigation.”

The article also reports James R. Wade, a Denver attorney and former probate judge, as stating that he thinks “litigators are going to see opportunities which they hadn’t even though of before of bringing probate cases in federal court.”