Mickey Rooney's widow contests late actor's will

By Alan Duke, CNN

updated 11:00 AM EDT, Sun May 11, 2014

Mickey Rooney, who started as a child star in vaudeville and went on to star in hundreds of movies and TV shows, has died at the age of 93.

Rooney circa 1927 in a three-piece suit. The actor got his start in his parents' vaudeville show.

Rooney, center, is seen with fellow young Hollywood actors Jackie Cooper, right, and Freddie Bartholomew circa 1930.

Mickey Rooney stars with Judy Garland and Ronald Sinclair in a scene from the comedy "Thoroughbreds Don't Cry."

Rooney is seen in 1938 in a portrait shot for "Out West with the Hardys."

Rooney garnered acclaim for his role in 1938's "Boys Town" with Spencer Tracy.

Rooney hold hands with Garland in a 1940 still from the film "Andy Hardy Meets Debutante."

Rooney talks with Lana Turner in the late 1930s.

Rooney and his first wife, American actress Ava Gardner, in the early 1940s.

Rooney dressed as Pinocchio for a 1957 television movie.

Rooney took a two-year break from making movies while he served in World War II.

Rooney made his directorial debut in 1951's "My True Story."

Rooney earned an Oscar nomination for his role in the World War II film "The Bold and the Brave" in 1956.

Rooney played the title role in 1957's "Baby Face Nelson."

In 1961, Rooney took on the infamous role as an Asian landlord in "Breakfast at Tiffany's."

Rooney appeared in 1977's "Pete's Dragon" with Sean Marshall.

Rooney co-starred in 1979's "The Black Stallion" with Kelly Reno.

Rooney tries on a feathered hat in his dressing room during a run of the play "Sugar Babies" in October 1979. He was nominated for a Tony for the role.

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STORY HIGHLIGHTS

• NEW: Jan Rooney's will challenge is "totally without merit," actor's lawyer says
• A lawyer for Jan Rooney says she's filing objections over Mickey Rooney's will
• A hearing to start the process of probating the will is set for Monday
• The will left Rooney's estate to a stepson and nothing to his wife or other children

 

Los Angeles (CNN) -- Mickey Rooney's widow has filed a challenge against the validity of the will the legendary actor signed just weeks before his death at 93, her lawyer said.

The will left Rooney's estate to a stepson and nothing to his wife, Janice, or other children.

Attorney Eugene Belous told CNN he would be in Los Angeles County Probate Court on Monday morning to argue that the will contains "a blatant misstatement" about agreements between her, the actor and his conservator.

How Mickey Rooney showed America its heart

"There is NO provision in either of the two settlement agreements ... that terminates or in any way effects (her) rights as surviving spouse," Belous said.

Actor Mickey Rooney dies at 93

A court filing says Jan Rooney signed an agreement waiving all claims to her husband's estate after the couple separated in June 2012 after 34 years of marriage.

Mickey Rooney's court-appointed conservator, who is also named as executor in the will, told CNN on Friday that the challenge of the will "is totally without merit."

Since there is not much money to fight over, attorney Michael Augustine said Rooney's widow, who was separated from her husband the last two years of his life, was seeking public attention with the challenge. "She cannot resist her additional five minutes of fame," Augustine said.

Although Rooney disinherited his children, his wife and all but one of her children in a will he signed just weeks before his death, court papers suggest there is not much in his estate to fight over. His personal property is valued at just $18,000 despite an unmatched 90-year film career.

The will signed by Rooney on March 11, 2014, left the entire estate to stepson Mark Rooney, one of Jan Rooney's sons, who was the actor's caretaker the last two years of his life. He died on April 7.

Rooney "intentionally omitted" and disinherited his eight surviving biological children and two other stepchildren from his last marriage, the will said.

Rooney had no negative feelings toward his surviving children, but they were all financially better off than he was, Augustine said, adding that Rooney believed that what little he had to leave should go to Mark Rooney and his wife, because they had been taking good care of him in his final two years.

A hearing is scheduled for Monday to start the process of probating the actor's will.

An attorney for Mickey Rooney's children is also contesting the will, Belous said.

Fight over Mickey Rooney's remains averted

Augustine said there was no question that Rooney was of sound mind when he signed the will last March. The actor had just finished filming his "Night at the Museum" scenes with Dick Van Dyke, in which he had no trouble learning his lines, he said.

An independent lawyer appointed by a judge confirmed that he found Rooney to be "perfectly competent," Augustine said.