In court papers filed in early July, Alan Thicke’s widow has filed a motion to dismiss a petition brought by Thicke’s son to have the court provide instructions on distributing the assets of Thicke’s estate. She claims that the request for court intervention is unnecessary, since there is no 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.
The prenup was signed by Thick and Callau four days before their wedding and without an attorney reviewing it on Callau’s behalf. Her attorney says that it was so poorly drafted, that invalidating it would be a foregone conclusion, but she still has no interest in challenging it. Despite that, her motion does cite several alleged deficiencies. There was a blank space left in one sentence that reads that Thicke and Callau had been discussing the agreement for "___" amount of time and the amount of time had been left blank. In addition, the document incorrectly claims that the couple “acknowledged” that earnings after the marriage would be treated as separate property, when in fact in California, earnings are community property. The document also included a mutual waiver of spousal support, which is clearly lopsided when Thicke’s net worth was in the neighborhood of $20 million.
The couple met in Miami in 1999 and had been married for eleven years, when Thicke died at age 69.
Reference: NY Daily News (July 13, 2017) “Alan Thicke's widow seeks court order to stop stepson Robin from challenging actor's will”