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Mickey Rooney's Biological Children Contesting His Will -- Claim Step-Son Took Advantage Of Actor's Vulnerable State In Dying Days

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May 12 2014, Published 7:10 a.m. ET

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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, 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.

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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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DOCUMENT: Mickey Rooney’s Will — Read It Here

As 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

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“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 as the legal war wages on for Rooney's estate…



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