Billy Smith, who divorced the model/actress in 1993, filed a motion in the Bahamian Supreme Court on Thursday, reports the New York Daily News.
Billy's attorney Kara Butler says in court papers, "We have been instructed and hereby formally request permission to have the remains of Daniel Wayne Smith (deceased) exhumed from its current location here in the Commonwealth of the Bahamas and be transferred where his father and family resides in the state
The development could affect the funeral of Anna Nicole, which is scheduled to take place at Lakeview Memorial Gardens & Mausoleums on Nassau later today. Anna Nicole's body has left a Florida morgue in preparation for flight to Bahamas in the last few hours.
If the Bahamas' Chief Magistrate Roger Gomez agrees to consider Billy's application, Anna Nicole's estranged mother Virgie Arthur may attempt to delay the service.
Arthur lost a legal battle with Anna Nicole's partner Howard K. Stern to bury her daughter in Texas, but the lawyer insisted she would have wanted to be buried next to her son in the Bahamas.
However, if Billy's motion is considered and Daniel's remains are transferred to Texas, Anna Nicole may not be buried in the Bahamas after all.
Anna Nicole was found dead in a Florida hotel room last month, just five months after the death of Daniel, who was killed by an accidental overdose of prescription drugs.
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