A Bahamian attorney filed a court summons against Howard K. Stern, seeking to evict him from the house he and Anna Nicole Smith occupied, it was reported.

Bahamian attorney Godfrey Pinder said the property belongs to G. Ben Thompson, a friend of Smith who offered his house when she was looking for property in the Bahamas, "Access Hollywood" reported Wednesday.

The request for an eviction said Stern was "trespassing on the Plaintiff's property without his consent" since before Feb. 8, the day Smith died in Florida.

Pinder said the summons filed Wednesday also seeks rent, legal costs and payment for any damage.

Pinder said his client considered the welfare of Smith's 6-month-old daughter, Dannielynn, currently staying with Stern in the house.

"We did this only after we found out that the courts directed that Howard K. Stern and the other parties seeking paternity take a DNA test. We know that Howard K. Stern cannot pass that test ...," Pinder said, so he would longer have a reason to remain in the house.

A judge ordered a DNA test on the child and Larry Birkhead, Smith's ex-lover who claims he's the father, earlier this week.