Jan and Rooney's eight surviving children were all cut out of the will, even though she and the Hollywood legend had been married 36 years.
On Monday, Jan’s team of attorneys took their fight to the Los Angeles Superior Court and raised their objections to the will and its executor, which is Rooney’s attorney and conservator Michael Augustine.
Jan claims that Rooney’s Estate, including his property in Studio City, Calif. belonged to both of them, not just him — which in legal jargon is called ‘Community Property.’
The court documents filed to the court say state, "The Decendent Mickey Rooney does not have the legal authority to dispose of Objectors 12 of the Community Property. Objector and the Decendent were married for more than 35 years and most (if not all) of the Decendents Estate is Community Property."
Her team of lawyers is also claiming that Augustine has no legal right to distribute the property and won’t accept him as the conservator of the Estate until he files his final accounts bill, which is thought to exceed half a million dollars and will come out of Rooney’s Estate!
A family source tells Radar they are convinced that is where most of Rooney's money was swallowed up, leaving a measly $18,000 upon his death in March.
"They’re going to expose just how much of Mickey’s millions has gone on lawyers fees and the same people who are meant to be protecting him now," the source added.
"Jan and Chris are claiming they have documents which state, that just before Mickey died, he was paid $300,000 for his role in Night of the Museum 3, so where did that money go? As only weeks later, he was dead, owed a bunch of creditors money, and had an estate worth just a few thousand."
Stay with Radar for developments in Rooney's will and Estate…