text: Story highlights 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 
   
   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. 
   
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   "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. 
   
   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. 
   
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   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. ||||| Mickey Rooney‘s step-son was his primary caregiver during his dying days, leading the legendary actor to name him as the sole heir to his estate — but Rooney’s eight biological children have taken legal action to contest the will, RadarOnline.com has exclusively learned. 
   
   According to paperwork filed with the Superior Court of the State of California on behalf of Rooney’s eight children children on May 8, the kids allege that his step-son, Mark Aber, took advantage of him during his vulnerable dying days. 
   
   EXCLUSIVE DOCUMENTS: Mickey Rooney’s Eight Biological Children Contest His Will 
   
   Filed against Michael Augustine, the conservator for Rooney’s estate, the kids claim he helped manipulate the actor in cahoots with Aber. 
   
   “Decedent’s health was failing and he was of very advanced age; Respondent had come to be the court appointed conservator of the estate and person of Decedent after a long and traumatic period in his life involving elder abuse,” the document reads. 
   
   “During this period, Respondent acted in concert with Aber, Decedent’s step-son, who occupied a position of trust and confidence as the caretaker of Decedent and who, during this period, lived with Decedent along with Aber’s wife, Charlene Aber, before and up to the time of Decedent’s death… Decedent reposed trust and confidence in Aber.” 
   
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   During this close relationship, Rooney’s biological children charge Aber was able to control and influence their father to leave his estate to him. 
   
   “Respondent and Aber were able to and did control and influence the mind and actions of the Decedent to such an extent that Decedent did whatever Respondent and Aber instructed him to do,” the will contest reads. 
   
   “Taking advantage of this trust and confidence, Respondent and Aber suggested and dictated the contents of the Document, arranged for the execution of the Document, and caused Decedent to execute the Document.” 
   
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   As Radar previously reported, even though Rooney, 93, had a paltry $18,000 in his bank account when he died — there stands to be a lot of money made in the actor’s death through residuals and royalties — which his wife Jan and kids want a piece of. 
   
   “Kimmy Sue especially feels hard done by. She was the only biological child that Mickey was close to, so she’s furious to be cut out for a stepson who’s only been on the scene a few years,” an insider told Radar. 
   
   “There’s little love lost between the kids and Jan, and her son Chris, but they all agree that it shouldn’t be going to Mark. That’s the last person it should be going to.” 
   
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   Rooney’s children claim in the new court docs that the will was not drafted in “the free and voluntary act” of their father and they’re asking for it to be nulled, and to be awarded legal fees. 
   
   Stay with Radar as the legal war wages on for Rooney’s estate…
target: – Mickey Rooney may not have left a celebrity-sized fortune behind, but his estranged widow wants a cut of it anyway. Janice Rooney is challenging the late actor's will, which leaves his entire $18,000 estate to stepson/caretaker Mark Aber, omitting Janice Rooney and other children, CNN reports. Her lawyer will appear in court today to challenge the assertion, made in court documents, that she signed an agreement waiving her right to her husband's estate when the couple separated in 2012. "There is NO provision in either of the two settlement agreements ... that terminates or in any way affects (her) rights as surviving spouse," Janice Rooney's lawyer said. Court-appointed conservator Michael Augustine has dismissed the claim as "totally without merit," accusing Janice Rooney of pursuing it because "she cannot resist her additional five minutes of fame." Mickey Rooney's eight biological children are also contesting the will, Radar reports. In court documents, they claim Augustine conspired with Aber to manipulate the actor.