Her attorney filed a motion to dismiss last week, calling the sons’ 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 Alan Thicke's widow Tanya Callau never challenged the trust and isn’t planning to formally challenge the prenuptial agreement she signed when she married him in 2005, as reported in The New York Daily News article, “Alan Thicke's widow seeks court order to stop stepson Robin from challenging actor's will.”
Callau's filing comes two months after Thicke’s sons started the fight by contending that she was trying to get more of the late actor's estate than she deserved. They made news by alleging that 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 to prevent his testamentary intentions from being undermined by (the) avarice and overreaching of his third wife…." The filing says that Thicke's aorta ruptured after developing a tear, the reason he collapsed while playing ice hockey with their younger brother Carter Thicke.
The sons are the trustees of Thicke's multimillion dollar estate. They say their dad made Callau the beneficiary of a $500,000 life insurance policy, and 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. Thicke said his wife would then receive a 40% share of the balance of his estate, with his three sons each receiving a 20% share.
Tanya claims there are several problems with the trust and the prenuptial agreement, the sons’ paperwork filed in Los Angeles County Superior Court said. The sons said the Bolivian-born actress claimed Thicke promised to leave her the ranch.
"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.
Thicke and Callau met in Miami in 1999 and were married 11 years, when he died. They signed a prenup four days before their wedding. Tanya didn’t have an attorney review the document. Her attorney claims the prenup is so poorly drafted that invalidating it would be “a foregone conclusion.” But Tanya won’t challenge its validity, her new filing said. Nonetheless, her motion cites several alleged deficiencies in the prenup. Her lawyer noted that the document states that 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 treated as separate property. But under state law, the earnings are community property. Callau's attorney criticized 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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Reference: NY Daily News (July 13, 2017) “Alan Thicke's widow seeks court order to stop stepson Robin from challenging actor's will”