Question from Tigr: Court TV should ask why the possibility of murder hasn't been brought up? I see you, Tigr, on the murder question. It hasn't come up, for a coupla reasons. First, there is no murder investigation - there is only a death investigation. And second, more to the point, we need to be careful talking murder because that is a classic way to slander someone. We need to be careful. But you don't. The public is free to speculate and we will keep digging and bring you any developments that suggest something foul afoot. Just jumped on that one...

Court TV Host: Jami Floyd, as you can see, has joined us!

Question from nyparrot: Jami, what was exactly adjudicated by this current judge in today's proceedings? I was confused if anything was actually accomplished.

Jami Floyd: Well, he's trying to decide ultimately who gets the body. First, he had to dispose of the question about DNA. Could she be buried while paternity is still at issue, or do we have enough DNA to conduct the tests? Yesterday, he ruled one more test could be taken, or should I say, one more swab could be taken. So he seems to have disposed of that, and now he moves on to the body because he and the parties are satisfied that the medical examiner's office has enough DNA stored to do whatever tests need to be done. So too with investigating homicide, btw. So today the question turned to custody of the body. We are in probate court because the body is now a thing and today, he only decided two things: one, we need to see the will to be sure there is nothing in there that states where she should be buried and two, we need to see BOTH parties in court on Tuesday: Virgie Arthur, who has been there all along, and now, Howard K. Stern will be there Tuesday. So that's it, so far. Tuesday he starts hearing evidence...

Question from nyparrot: P.S. --- Jami I'm not the father, by the way ... just to let you know.

Jami Floyd: Sorry to hear it.

Question from tara: Jami Floyd, welcome. Missed you last week. Do you think Howard K. Stern will appear in court Tuesday, and if not will a contempt order be issued?

Jami Floyd: Hey there, tiara. Tara!!!!! Sorry about that. I hate when people call me Jamie. Okay, so I was in Florida last week btw. Ten minutes from where she died. A zoo -- as you can imagine. Anyway yes, if he fails to show, he's in contempt of the court's order, and he can be fined, jailed or both. IF the court in Florida can get jurisdiction over him...

Question from ctv_warhorse2: Are all family court hearings as chaotic & unorganized as the Anna Nicole Smith one we are watching? This judge sure lets the lawyers run his courtroom.

Jami Floyd: Worked for a family lawyer through college and I found it to be almost unbearable because the answer to your question is, YES. First of all, so many of the hearings are done in chambers, a less formal setting, and then you add the emotion of it all -- the cheating spouses, and children. Custody cases were awful. The guy I worked for was playing shrink most of the time, or at least as much of the time as he was lawyering. I have a friend who was a family law judge for a while, couldn't WAIT to get out of there. He said the proceedings were impossible to control AND he feared for his safety. Now he's in criminal court, he is in control and, get this: he actually feels safer there! This judge is a probate judge. He JUST got to that court, spent all his time in family court and juvenile court before that. So he's bringing all that to the table. His first priority is the child, which he has said and I applaud. BUT that is a family law approach not a probate approach, so that's where its coming from, and to be fair to the judge, as I was saying, this is more like family court than probate, since it's family members fighting over a woman they loved, and a baby.

Question from odeeo: Hi Jami, nice to see you as always: do you think that this judge is very unethical, loves the camera and is not moving this along fast enough? With all the laughing and telling his life story? What did we really get accomplished besides embalming?

Jami Floyd: Hmmmmm. Don't know about unethical. But I do wonder if the thing would move along faster if the camera weren't there. Don't get me wrong, I'm GLAD we're there. But they are all grandstanding a bit more than they might otherwise be, seems to me. Not just the judge -- all of them. And embalming is a pretty big step. Before today she was decomposing.

Question from miki: Are Bahamas authorities working with FBI agents to investigate the deaths?

Jami Floyd: Michel Bryant is reporting on this part of the story, and I just met with him. No FBI that we know of, BUT yesterday the Bahamian police crime unit returned to the house to ask more questions of Howard K. Stern. Michel is investigating. Who asked them to do so? The Seminoles? The Broward sheriff? The fbi? Okay you get my point. We suspect they went over there on something other than the burglary that Stern had reported earlier in the week and on behalf of another law enforcement agency. More to come...

Question from peruhorselover: I wonder if Stern will be required to give DNA while he is in the States on Tuesday. I'm very suspicious that he hasn't done so already.

Jami Floyd: Doubt he will be forced to give DNA. First of all this is the probate court that is asserting jurisdiction. The paternity case is in California. And second, his DNA is not necessary for Larry's case to go forward. But the baby's is... and we don't have that yet.

Question from pasolover: Is there a chance Stern could be arrested on Tues on criminal charges? (i.e. drugs)

Jami Floyd: Nope. Medical examiner Dr. Perper has said that it will be 3-5 weeks before we have the results from tests that will permit him to declare manner and cause of death. Until then, there is nothing on the current facts to support an arrest warrant.

Question from tribe: Why does this judge have the right to mandate Howard appear before him when paternity is not what is before this court...isn't this judge just able to determine the custody of Anna's body?

Jami Floyd: Right. And Howard Stern is one of the parties to the action before this judge, so that's how this judge gets the right to mandate Stern's appearance. Essentially Stern gave the judge jurisdiction by filing in the Florida courts. If he fails to appear, fine, jail, OR the judge rules against him.

Question from zippie: Why should her mom get the body when she hated her mom and hadn't seen her since 1995?

Jami Floyd: Good question, and this is one of the things that makes the whole thing so interesting, and the judge's decision so hard. There are three things at play: the will, the Florida law and any independent evidence of Anna Nicole's intent. First, the will: all indicators are that the will is silent as to place of burial, and even if it's not, the will dates back to 2001 and may not represent her recent wishes in light of her new life in the Bahamas, but more to the point, her son's death. If the will is silent or not controlling, then we look to the statute. That's what we mean when we say intestate, without a will. In this case, without a will that specifies manner of burial and place, then says the spouse decides. No spouse? The child decides, but ONLY if she is 18 or older. If not, the parent decides, and that's Virgie. The law says nothing about estranged parents versus those loved by their kids. Maybe it should, but it doesn't.

Question from nyparrot: Jami, if Howard K. Stern doesn't take a DNA test to prove his paternity, can he indefinably delay the legal system and keep the baby to himself by running to another country?

Jami Floyd: Okay, a couple of questions there. Running to another country, first, doesn't do him any good unless all he cares about is custody of the baby. In other words, fleeing only helps if he has no interest in the money. For access to the money, he has to have legal custody of the baby, and for that he has to be declared the legal guardian, either because he's the father or because a court decides Anna wanted him to raise the kid, or both. So running away doesn't help him unless you ascribe the purest of motives. As to delaying the process, again, he gains only if the process moves forward and he wins custody of the kid. The only thing he may want to delay or avoid altogether is the paternity testing. And he can I'm sure avoid having to give his own DNA, but he likely can't prevent a swab of the baby... unless he runs to another country, which brings us full circle...

Question from kiara: Welcome Jami. Of all the legal cases pertaining to Anna Nicole....which one takes precedence after the current one?

Jami Floyd: After the body is assigned to one of the parties, the next issue is the paternity, because the baby is without a legal guardian. Then the wills mess, but fear not -- they can occur simultaneously, and likely will. And btw, guardian ad litem is not the same as a legal guardian for all purposes. It's just a stopgap measure.

Question from kaycee: Have the Marshalls been asking about Dannylynn?? She may be their family.

Jami Floyd: There were reports floating out there that ANS saved her late husbands sperm and made a baby. It is possible as matter of science, but no we have not heard from the Marshalls other than a brief statement they issued upon her death. The lawyer for the estate, the one who tangled with Anna so often in court, came on my show and expressed the appropriate condolences to her loved ones, but said that the family will continue to fight the matter. I asked him straight up - they have so much money, why not just give this little girl a few millions? No way, he said. Oh well.

Question from cece: My concerns are Anna's ability to make decisions before her death if she was under the influence of drugs & or Howard K. Stern. Will this be brought up at all?

Jami Floyd: So agree, and that's why I don't place much stock in the fact that she and her mother were estranged. We don't know a whole lot about why or whether the mom made efforts to reunite with her daughter and what influence Stern, Larry or others along the way may have had in the dismantling of that relationship. And yes, I do think the influence he had over ANS will be an issue -- ironic since there were claims that ANS had undue influence over Howard Marshall, so we'll see evidence on stern and smith on Tuesday.

Question from gonzo: Watching the video with HKS holding the baby made me laugh. The way he was "crying" and what he was saying all appeared to be an act. It will be interesting to see if he does appear in court on the 20th (Tuesday). If memory serves me correctly, he also is required to appear in a California court on the paternity issue that same day. One of these judges will most definitely require him to hand over a DNA sample. After that all that is needed is the baby's DNA. What is the process for this?

Jami Floyd: Well, we sure have seen sobbing guys before who turn out to be frauds. Think of all the guys who lead these national searches for missing wives and girlfriends crying on national television and it turns out they killed their so called loved one Scott Peterson, Michael Stewart, and women too: Susan Smith comes to mind. So yes could be croc tears. As for the DNA though, keep in mind that we don't need Stern's DNA for the paternity matter. The only issue there is whether Larry Birkhead is the baby's father. For that you only need Larry and the baby's DNA, and ideally some of ANS too, but you don't need Stern's. His DNA only becomes an issue when he asserts his rights to raise the baby. Then, if Larry is not the father, Stern may have to prove he is to secure custody. As for the hearings, my understanding is he is ordered to be present in Florida, but that he can be represented by counsel in California. Again, for the same reason. He is not a party to the action in California. That is just Larry asking the court to order a paternity test. It has nothing to do with Stern.

Question from tray: Did you get the impression that Howard had the only copy of the will? Why wouldn't her lawyer have it filed?

Jami Floyd: His attorneys say they have it. They say they haven't published it because of media frenzy. Fair enough, right? And besides, the judge ordered them to bring it to court so it will be a matter of public record soon.

Question from mred: Jami_Floyd What about heavy metals testing from the med examiner, such as for arsenic?

Jami Floyd: As far as I understand they are conducting those tests as well as for drugs, legal and illegal, and anything else in her system that shouldn't have been ther.e

Question from iloveclutter: What is the reaction of Zsa Zsa Gabor to her husbands paternity? Is she of sound mind at 90 to know what's going on?

Jami Floyd: I wondered the same damned thing!!!! LOL Is she really ninety?! Wow. She's shacking up with a younger man. Maybe they have an open relationship, or maybe they had some separation but I thought at first that he must be her EX-husband, because I would sure throw my husband out on his ear, 474 million potential dollars or none.

Question from CaliforniaGirl: So what will he have to testify on Tues for -- is it the will, the body or what?

Jami Floyd: Well, Judge Seidlin is all over the place, but the focus of his testimony should be only where Anna Nicole smith wanted to buried. That's it. The will only comes in, if it says something about that. If it does not, the judge has to look to evidence of what Anna Nicole told Howard, friends, whether she bought plots and where, diary entries, etc If none of that persuades him, he goes to the statute which gives it to Virgie.

Court TV Host: Here's a new story from the AP: "Anna Nicole Smith said in a 2001 will that all property of her estate should be given to longtime companion Howard K. Stern to hold in trust for her son, who has died, according to a document released Friday."

Court TV Host: "The document said the former Playboy Playmate's estate should be held in trust for son Daniel Smith, who died last year, three days after Smith gave birth to a daughter."

Court TV Host: "I have intentionally omitted to provide for my spouse and other heirs, including future spouses and children and other descendants now living and those hereafter born or adopted," Smith said in the will.

Jami Floyd: Well, well, well...

Court TV Host: "The will did not say where Smith wanted to be buried, but named Stern as her executor."

Court TV Host: "The attorney for Smith's estranged mother, Virgie Arthur, said the will wasn't filed in any court, so it is not valid."

Jami Floyd: Oy. Well, this is when it's fun to be a probate attorney.

Question from Tribe: Wouldn't that mean now that the will will be deemed irrelevant to the issues before the court, since Anna made no mention of burial preference or future children?

Jami Floyd: That is correct. I'm not looking at the doc itself, but from what I see here, on this specific issue of who gets the body, the will says nothing and is off the table. Now the judge has to decide whether to look to the statute (Virgie) or instead to any independent evidence of her desires. Of course Stern will argue that as executor she intended he make the decision and he will lean heavily on the purchase of burial plots, none of which were in Texas, where mom wants to bury her. Whatever you think of Stern, it seems he has no reason to care where she is buried, nothing to gain by having her in the Bahamas or anywhere else.

Question from LuvlyRita: What if the judge rules in Stern's favor now and it turns out later he was involved in her death?

Jami Floyd: Well, even if he murdered her (speaking fully hypothetically, of course) his motive wasn't so he could bury her in the Bahamas. One thing really has nothing to do with the other. The judge is trying to get at what Anna wanted. He can use witnesses and other evidence or he can fall back on the statute. Say stern wins, and she's buried in the Bahamas and then it turns out he killed her (again just as a hypo), no reason for the judge to move her body. Same if mom did the deed. The only legal proceedings that would be affected by a murder charge would be custody and probate, not disposition of the body. Gotta go read the will now, and give you back your room. Thanks for having me!

Court TV Host: Thank you!