Alan Thicke wanted to expand his family before he died.
His widow Tanya Callau claims the couple – who had been married for 11 years until his shock death in December 2016 – were planning on having a baby together and had already been working on plans for a nursery with a local architect.
Tanya told TMZ that the pair had decided to freeze her eggs three years ago and planned to use them once Alan's youngest child, Carter, 19, had moved out.
It comes after Alan's sons Robin and Brennan Thicke – who he had from his first marriage to actress Gloria Loring – filed a petition against Tanya Callau after she claimed the prenuptial agreement she signed before her marriage is invalid.
When he died, Alan left each of his three sons equal shares and ownership of his Carpinteria, California ranch as well as 75 per cent of his personal effects and 60 per cent of his remaining estate. Tanya was left all of the ranch's furnishings as well as 25 per cent of his personal effects, a $500,000 life insurance policy, all of his death benefits from pensions and union memberships and 40 per cent of his remaining estate.
But she is now claiming the prenup she signed ahead of their 2005 marriage is invalid.
In the petition filed on Tuesday, May 16, at Los Angeles Superior Court, their attorney Alex Weingarten wrote: "Now that Alan is dead, Tanya claims there are numerous problems with the Trust and the Prenuptial Agreement. Tanya asserts that there is no chance the 'Prenup' could withstand legal challenge and that she has very significant community rights in the Trust's assets and rights of reimbursement with respect to improvements to the Ranch.
Tanya also claims 'Marvin rights' asserting that she had to forego opportunities to pursue and advance her own career in order to support Alan and be his companion and partner, including raising Carter."