fbpx

Family Squabbles Over Alan Thicke’s Estate

Alan thickeAlan Thicke's widow is fighting back; her attorney filed a motion to dismiss last week, calling the sons’ 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.  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."

Reference: NY Daily News (July 13, 2017) “Alan Thicke's widow seeks court order to stop stepson Robin from challenging actor's will”

 

Like this article?

Share on facebook
Share on Facebook
Share on twitter
Share on Twitter
Share on linkedin
Share on Linkdin
Share on pinterest
Share on Pinterest

Leave a comment

LIKE THIS POST?

We have a LOT more where that came from!

We hate spam too. We will never share or sell your information.

Call Now ButtonCall Us Now https://jsfiddle.net/7h5246b8/

Request a free consultation

We hate spam too. We will never share or sell your information.

We've been putting together as many resources as possible so that we can continue to help:

  • If you’re a current client with a signing appointment or a prospective client with a consultation and would prefer that meeting take place in your own home, we can accomplish that with a little bit of pre-planning on our part and with the addition of a laptop, smartphone, tablet or other computer in your home to facilitate this virtual meeting. For those of you that need to sign legal documents, that too can be accomplished with the use of a webcam (FaceTime etc.), so that we can witness and electronically notarize all of your important legal documents.
  • We launched the rollout of our on-demand webinar early so that new clients and our allied professionals can view the important component parts of ‘an estate plan that works’ at their convenience.  That is available on our website.
  • Live video workshops will be produced as quickly as possible and certainly ahead of our previous schedule; we will keep you posted as these events become available. Given the ‘boutique’ nature of the firm, we rarely have more than ten people in our office including team members at any one time. During this period of ‘social distancing,’ we promise to have no more than 8 people at any time.   This allows us to comply with the Governor’s directive to limit in-person gatherings.
  • The best way to communicate with us is still by phone during regular office hours of 8:30 to 5:00, Monday through Friday, or, you can email any of our team members (that is, their first name followed by @zarembalaw.com).  We will respond to these emails as quickly as possible.
  • Please continue to follow the directives of our local, state, and federal agencies. For your health and in consideration of our team who is assisting you, if you’ve scheduled an office appointment or planned to drop off paperwork and are experiencing a fever, dry cough, or shortness of breath, please contact your primary care doctor for guidance and then our office to reschedule.

Thank you, Walt and the Zaremba Team

Coronavirus/Covid-19
Update to our Process

The unprecedented coronavirus pandemic has taken our entire country by surprise. We understand how difficult this time is for America’s businesses and families.  However, we believe it is vitally important that we make every effort possible to continue to offer solutions that avoid disrupting our important partnership with you, your family and friends.  As you know, estate planning is not something that should wait for a more convenient time, therefore the opportunity to address your important goals both during and after this crisis should not wait.  To that end, we have added the option of a ‘virtual consultation’ to our office process.  You will now have a choice of either meeting with us in our office or in the comfort of your own home.