Alan Thicke’s widow is firing back at stepson’s Brennan and Robin Thicke, asking a judge to reject their “unnecessary” request for court intervention in their effort to divvy up his estate.
Her lawyer filed the dismissal motion Wednesday, calling the son’s May petition for “instructions” on their dad’s living trust a misguided maneuver “premised on a make-believe contest where there is no real controversy.”
The lawyer said widow Tanya Callau never challenged the trust and has no plans to formally challenge the prenuptial agreement she signed when she married Thicke in 2005.
With that in mind, the sons’ petition “will only serve to minimize the beneficiaries’ inheritances due to the expenses the co-trustees will incur in litigating the petition,” her lawyer wrote.
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Callau’s filing comes two months after the sons started the battle with explosive claims she was reaching for more of the late actor’s estate than she deserved.
They grabbed headlines by alleging Callau “threatened” adverse “tabloid publicity” if they didn’t agree to mediation and “succumb to her demands.”
Robin and Brennan said they felt compelled to “honor the memory of their father, protect his legacy and prevent his testamentary intentions from being undermined by (the) avarice and overreaching of his third wife, Tanya Callau.”
They said their dad was “unable to defend against (Callau’s) claims” because he died Dec. 13 at age 69.
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According to the filing, Thicke’s aorta ruptured after developing a tear. That was the reason he suddenly collapsed while playing ice hockey with their younger brother Carter Thicke, they said.
Now the trustees of Thicke’s multimillion dollar estate, the sons said their dad made Callau, 41, the beneficiary of a $ 500,000 life insurance policy and as well as all his union and death benefits.
Thicke also left Callau all the furniture at their ranch and said she could continue to live there if she maintained it at her own expense – with its four parcels held as a single property by the trust, they said.
The “Growing Pains” actor said Callau would then receive a 40% share of the balance of his estate with his three sons each receiving a 20% share.
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“Now that Alan is dead, Tanya claims there are numerous problems with the trust and the prenuptial agreement,” their paperwork filed in Los Angeles County Superior Court said.
In their filing, the sons said the Bolivian-born actress claimed Thicke promised to leave the ranch to her.
A source close to Callau said she simply “encouraged” everyone to get together for family mediation to “figure it all out.”
In her new filing this week, Callau insisted she only wants what is rightfully hers. She said it was the sons who started talking trash first.
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“Now that the co-trustees have had their chance to smear Tanya in the tabloids, whose only crime was loving Alan with everything she had for seventeen years, it is time to dismiss this petition,” her filing said.
“The petition served its only purpose: it unfairly smeared Tanya because Alan had the audacity to love her,” it said.
Thicke and Callau met in Miami in 1999 and were married 11 years when he died.
“Although they signed the prenup just four days before their wedding, Tanya did not have legal representation, and despite the fact that the prenup is so poorly drafted that invalidating it would be a foregone conclusion, Tanya has no intention of challenging its validity,” her new filing said.
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Still, her paperwork listed several alleged deficiencies in the prenup.
Her lawyer called it “fascinating” that the document began by stating Thicke and Callau had been discussing the agreement for “___” amount of time and left the line blank.
The lawyer also said the document erred when it claimed the parties “acknowledged” California law dictated earnings from “personal services” after the marriage would be separate property.
Under state law, such earnings are community property, Callau’s lawyer said.
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He also dissed the document’s mutual waiver of spousal support, calling it “clearly unconscionable given Alan’s representation of net worth of approximately $ 20 million at the time.”
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