A federal judge told former Playboy Playmate Anna Nicole Smith on Tuesday that he will not dismiss a challenge to the court ruling that gave her a whopping $475 million from her late husband’s estate. The appeal, filed by the late oil tycoon J. Howard Marshall II’s son E. Pierce Marshall, questions a California bankruptcy court decision that awarded Smith the money before a similiar case in Texas was resolved. Smith, 33, eventually lost the case over the fortune in Texas in March, with the jury finding that the late Marshall made no agreement to leave part of his estate to his other son J. Howard Marshall III or Smith. The jury ruled in favor of Pierce Marshall. Smith married the oil tycoon in 1991, when she was working as a stripper in Houston. He died August 1995 at the age of 90. Smith‘s lawyers are now arguing the size of the judgment was justified because Pierce Marshall ignored court orders. However, U.S. District Court Judge David O. Carter, who is handling the appeal, said such sanction was extreme and would only be undertaken as a last result. He will hear arguments in August on whether the decision should stand.