With tears in his eyes, Judge Larry Seidlin has ruled that the disposition of Anna Nicole’s body will be determined by Richard Milstein, the guardian ad litem of Dannielynn Stern, in consultation with the three parties.

He strongly recommended that Anna Nicole be buried “next to her son.” The guardian will make the decision as to the final resting place of Anna.

All three parties were in tears, and Seidlin himself had to hold the hand of a court clerk to steady himself as he rendered the judgment.

A guardian ad litem is a person appointed by the court as the guardian of an infant or person. Milstein will now work with all three parties to determine the burial of Anna Nicole, on behalf of her next of kin survivor, Dannielynn.

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TMZ has obtained shocking video footage of Anna Nicole Smith and a shirtless Dr. Sandeep Kapoor getting hot and heavy at a West Hollywood, Calif. gay bar in 2005. (Click on the image to watch the video)

Both Larry Birkhead and Howard K. Stern can be seen looking on as Anna gets groped and licked by Kapoor, who is currently the subject of an inquiry by the California Medical Board over his possible misconduct in the prescribing of methadone to an alias used by Smith.

As TMZ first reported, a prescription for methadone was written by Dr. Kapoor on August 25, 2006 for “Michelle Chase,” a known alias of Anna Nicole Smith, who was eight months pregnant at the time.

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TMZ has obtained the cover sheet to a fax, sent six days before Anna Nicole Smith died, and it raises questions about Anna Nicole’s intent to change her will.

The cover sheet shows the fax was sent on 02/03/2007 at 02:18. The fax contained the existing will of Anna Nicole. It lists a phone number with the initials RAR — we believe that to be Ron A. Rale, Howard Stern’s lawyer. It is unknown to whom the fax was sent, but as far as TMZ knows, Rale’s only connection to Smith was Howard K. Stern.

We know Stern was concerned for Smith’s well-being. TMZ has obtained a statement from Smith’s former nanny in which she alleged Smith tried to take her life twice after Daniel died. Under the will, Stern was not protected. Daniel was the only beneficiary with Stern as trustee. As a result, Smith’s infant daughter would inherit her mom’s property outside the will, and unless Stern could prove he was the father, he would probably lose his claim to serve as trustee.

There’s a serious question as to whether Smith was even mentally capable of changing her will. There is evidence she was on methadone, and video several months earlier shows she was almost incapable of functioning. Indeed, even on a segment of “Entertainment Tonight” that aired just days before her death, Smith seemed out of it.

The question — was Stern in the process of changing Anna’s will just before she died? And if so, is this an acknowledgement by Stern that Daniel’s death derailed his position? Stay tuned.

Stern sure is looking more and more guilty as the days go by…

Update 1: A video has surfaced showing a VERY STONED ANS while she was 8 months pregnant with Dannielynn.  Probably one of the saddest things I’ve seen.  Click on the picture to watch the video.

The video shows a barely functional Anna Nicole Smith, stammering and stuttering, as Howard K. Stern rhapsodizes about how much money the clip will be worth.

The tape, which aired Monday night on Greta Van Susteren’s show on FOX News Channel, shows an eight-months pregnant Smith, her face painted like a clown and clearly stoned out of her mind. As she talks to a doll in a baby carriage as if it’s real, Stern repeatedly says, “Is this a mushroom trip?” He then adds, “I’m kidding.”

UPDATE 2: Battle for the body: Birkhead and Stern arrive in court. Howard K. Stern and Larry Birkhead, the two men who claim to be the father of Anna Nicole Smith’s baby, are in the courtroom of Judge Larry K. Seidlin in Florida right now to determine what will happen to Smith’s body.

At 9:37 a.m., Howard K. Stern entered the courtroom and took a seat just a few feet away from Larry Birkhead. Smith’s mother Virgie Arthur is in the courtroom as well, and warmly embraced Birkhead before the beginning of the hearing. Anna Nicole’s father Don Hogan also made a surprise appearance in court.

Judge Seidlin addressed Stern and Birkhead and said, “I expected both of you to show.”

UPDATE 3: Judge to Howard: Spell Dannielynn’s name.  Judge Seidlin has just asked Howard K. Stern to write Dannielynn’s name on an easel under the word “daughter,” the reason for which was not entirely clear. Stern took a marker, strode across the room somberly, and wrote the name on a sheet of white paper on the easel.

“Why are we spending so much time here?” asked the judge. “We’re here to save one child.”

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TMZ has obtained a traffic ticket Larry Birkhead got while Anna Nicole Smith was pregnant, and it could be powerful proof that he’s the daddy.

Rewind to April 15, 2006. Sources tell TMZ a pregnant Anna had just gotten into a fight with Howard K. Stern, who was expressing extreme jealousy over the fact that Birkhead was the father of the baby. Sources say Stern gave Anna an ultimatum — him or me.

We’re told an extremely emotional Anna, who was barefoot and four months pregnant, called Birkhead and asked him to meet her in the parking lot of the Sportsmen’s Lodge in Studio City, Calif. near her house. A concerned Birkhead jumped in his car and sped over, only to be stopped by a Burbank cop.

The officer who issued the speeding ticket quoted Birkhead — “I got a call from my pregnant wife, she’s sick.”

The ticket is significant because Birkhead’s statement was a spontaneous reaction to the event and not in the context of a paternity battle. Debra Opri, Birkhead’s lawyer, tells TMZ Birkhead referred to Anna as his “girlfriend” but the cop wrote “wife.”

He claims to be Anna Nicole’s secret lover, and now, in this “Extra” world exclusive, a heartbroken Alexander Denk drops a bombshell about Baby Dannielynn’s real father and Anna’s secret medical condition that may have caused her death.

“She told me everything,” Denk told us. “She told me things no one else knows.”

Denk, who was Anna Nicole’s bodyguard for two years, first met the supermodel when he was cast as the chef on “The Anna Nicole Show.”

“I think it was an instant spark, and I think for her it was the same,” he said.

Denk claims he and Anna had a passionate love affair that lasted for two years.

“She was wonderful,” he insisted. “A very sensitive and emotional woman. A very good kisser, I must say.”

But Alexander told “Extra” that he knew Anna was in trouble the last time he talked to her two weeks ago, a conversation that now haunts him.

“She was sick of being called names,” he said. “Everyone was bashing on her and calling her names and putting her down and suing her.”

Now, only on “Extra,” Denk breaks this stunning secret about Anna’s health that could affect the investigation into her death. He claims the reality TV star suffered from life threatening seizures, for which she was on medication.

But Denk does not believe drugs were to blame for Anna Nicole’s death.

“My opinion, I don’t think so,” he told us. “I think she was exhausted.”

Then, Denk dropped the baby bombshell we never saw coming. When asked if Smith ever revealed to him the real father of Dannielynn, Denk responded, “She always told me she wanted to have her kids with me.”

So is there a possibility Denk is Dannielynn’s father?

“There’s always a possibility,” he insisted.

Alexander hired prominent Beverly Hills attorney Cyrus Nownejad, and he made it clear he wants to raise Baby Dannielynn if she is his.

But for now, his thoughts are with his lost love.

“Poor Anna, Denk said through tears. “I hope she’s in peace wherever she is.”

*All I have to say, is where were all these a**holes when Anna was alive.  They should be ashamed of themselves…this is just sick and wrong.

Larry Birkhead, who claims to be Anna Nicole Smith’s real baby daddy, says he tried to save Anna Nicole from the ravages of drug addiction, and that seeing the ultrasound of his baby with Smith was “one of the happiest moments of my life.” But Birkhead won’t say anything about his last meeting with Anna Nicole — because it could “come back to haunt” him later, he thinks.

In an interview with the New York Daily News, Birkhead claims that he tried to force Anna Nicole to kick her drug habits after she got pregnant with Dannielynn, but that his efforts just got him “pushed to the side,” and that he had no control over what she did after that. Before that, however, Birkhead says that he and Anna Nicole shopped for baby clothes together and that Smith “made [him] sing to the baby at night.”

Birkhead, according to the Daily News, wouldn’t talk about his last meeting with Anna Nicole. He did admit to crying when he saw the birth certificate and saw Howard K. Stern’s name on it, saying, “I don’t know if I’m a dad or a sucker,” according to a family member.

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