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Anna Nicole Smith will be buried in the Bahamas, alongside her son, it was announced Thursday after a tearful judge left the decision up to the guardian for the model’s baby daughter.

Richard Milstein, the court-appointed guardian of 5-month-old Dannielynn, announced the plans not long after a judge gave him control of Smith’s final resting place. He gave no timeframe.

AP

Smith leaves the Supreme Court with her son Daniel.

Circuit Judge Larry Seidlin steered a surprise middle course in the dispute, which became more urgent by the day when the medical examiner warned that the centerfold’s body was rapidly decomposing from her death two weeks ago.

Smith’s estranged mother wanted her buried in her native Texas, while Smith’s boyfriend wanted her laid to rest in the Bahamas.

The judge compromised and gave custody to attorney Richard Milstein, the guardian for Smith’s 5-month-old daughter, Dannielynn.

It wasn’t immediately clear what Milstein would do, but the judge expressed his own preference: “I want her to be buried with her son in the Bahamas. I want them to be together.”

The judge choked up frequently and wept as he explained his decision.

Smith died Feb. 8 in a Florida hotel of unknown causes. The dispute over the burial was one of many surrounding Smith. Stern is listed as Dannielynn’s father on the birth certificate, but Smith’s ex-boyfriend, Larry Birkhead, said the girl was his.

CBS

Houston attorney John O'Quinn passed out during Smith hearing.

Richard Milstein, the court-appointed guardian of 5-month-old Dannielynn, announced the plans not long after a judge gave him control of Smith’s final resting place. He gave no timeframe.

Circuit Judge Larry Seidlin steered a surprise middle course in a dispute that became more urgent by the day when the medical examiner warned that Smith’s body was rapidly decomposing.

The ruling came a full two weeks after Smith died at a Florida hotel at age 39 of still-undetermined causes.

Smith’s estranged mother wanted her buried in her native Texas, while Smith’s boyfriend wanted her laid to rest in the Bahamas.

The judge, who choked up frequently and sometimes blubbered as he explained his decision, compromised and gave custody to Milstein, the guardian for Smith’s 5-month-old daughter, Dannielynn. He expressed hope that Smith would be buried alongside her son.

“I want them to be together,” Seidlin said.

Milstein works for the Miami office of the Akerman Senterfitt law firm. He has 30 years of experience and specializes in guardianship, probate and mediation, according to the firm’s Web site.

The dispute over the burial was one of many surrounding Smith.  Smith’s boyfriend, attorney Howard K. Stern, is listed as Dannielynn’s father on the birth certificate, but Smith’s ex-boyfriend, Larry Birkhead, said the girl was his. A California judge is handling the paternity case.

Stern had been hunched over a table with his hands folded as he awaited Seidlin’s ruling. He wiped away tears after the decision.  Arthur covered her eyes.

The judge began Thursday’s hearing with a long diatribe, saying Smith’s relationships with her mother, Vergie Arthur, and ex-boyfriend Larry Birkhead soured because of overuse of prescription drugs, and referred to Stern as “maybe an enabler.”

“We have Stern. Is he a bad guy or is he a fellow that has some form of a love for her? We don’t know,” Seidlin said. “Whatever relationship he had with her, he would be called maybe an enabler.”

Birkhead testified earlier that he attempted to curb the starlet’s drug use by urging her to seek treatment. When he visited the Bahamas home Smith and Stern shared last year, he said he became increasingly concerned about her medicine use.

AP

“They kept bringing more and more drugs in the house,” Birkhead said, adding that Smith told him she needed the prescriptions to live. When he suggested Smith enter drug rehabilitation, he said she told him: “I’m not a drug addict and quit calling me one.”

Testimony in the case has been peppered with details of Smith’s sexual liaisons and the deals allegedly being pursued to profit from the deaths of the starlet and her son.

Also Thursday, celebrity news Web site TMZ.com posted a video of Smith hugging and being kissed by a shirtless doctor, who is under investigation by the California state medical board for unspecified possible misconduct related to Smith. In the video from a nightclub, Stern and Birkhead watch as Smith and Dr. Sandeep Kapoor cuddle on a seat.

Messages left for Kapoor’s Los Angeles publicist Mark Saylor, on his cell phone and at his office, were not returned. A message was also left for Kapoor’s Los Angeles attorney, Ellyn Garofalo.

Smith married Texas oil tycoon J. Howard Marshall II in 1994 when he was 89 and she was 26 and she had been fighting his family over his estimated $500 million fortune since his death in 1995.

Earlier in the day, Houston attorney John O’Quinn, who is representing Smith's mother, collapsed during the courthouse hearing.

It happened as Denise James a friend of Smith’s was giving testimony on the stand.

There was a thump off camera and the court officers rushed over to Arthur’s table.

Judge Larry Seidlin remained calm and said, “I figure he’s a diabetic and didn’t eat anything. What do you need as a diabetic ‘Texas’? Get him an orange juice.”

O’Quinn was standing as the Judge Seidlin spoke to him.

The judge said he wanted to keep him around a lot longer.