Stern filed the documents at the Los Angeles Superior Court on Thursday.
Currently, Smith's will was drafted in July 2001 and named only her son, Daniel, as an heir. The document was not updated in the five months between Dannielynn's birth in September last year, Daniel's death three days later, and the Playmate's death in February.
In his petition, Stern--who is the executor of Smith's estate--claims that "as a matter of law, Dannielynn is a pretermitted heir.
"Although (Anna Nicole) did not expect to have any children in the future, if she did, she wanted them to share equally in the trust created for Daniel."
If approved by the courts, Dannielynn--currently in the custody of her biological father, Larry Birkhead--stands to inherit her mother's estate. She is also in line for hundreds of millions of dollars from Smith's late billionaire oil-tycoon husband, J. Howard Marshall.
COPYRIGHT 2007 WORLD ENTERTAINMENT NEWS NETWORK LTD. All Global Rights Reserved.