Alan Thicke's family is fighting over his net worth. So will his sons or his wife inherit most of his estate?

Alan Thicke died from a heart attack last December while playing hockey with his youngest son, Carter. Alan was worth around $40 million at the time of his death.

Now his oldest children, Robin and Brennan Thicke, are taking their stepmother, Tanya Callau, to court over her prenup with the actor. Brennan and Robin filed a petition on Tuesday alleging that Tanya believes the prenup is invalid. Brennan and Robin believe the court should uphold the document.

Alan Thicke did have a living trust at the time of his death. In February 2016, he updated the document to say that his brother, Todd Thicke, would control the estate in the event of Alan's death. If Todd declined the role (which he did), Brennan and Robin would be in charge.

Robin And Alan Thicke Robin Thicke believes the court should honor his father's will (Photo: Photo Image Press/Splash News).

The siblings say that Tanya didn't complain about either the trust or the prenup agreement at the time. The documents state that Tanya would inherit 25 percent of his personal effects, 40 percent of his estate, a $500k life insurance policy. His three sons, meanwhile, would evenly split the rest of his personal effects and his estate. The sons would also divide ownership of the family ranch, though Tanya would be allowed to live there.

Now Brennan and Robin allege that Tanya is going after more of Alan's estate. She supposedly believes the couple's prenup is invalid because she gave up her career (and her chance to earn more money) to support Alan and raise their son Carter.

Brennan and Robin also say that Tanya "threatened to make her claims fodder for '"tabloid publicity'" if they didn't give in to her demands. So after trying to settle things privately, Brennan and Robin are asking the court to enforce their father's wishes.

"We're not going to litigate this in the media," said Robin and Brennan's attorney, Alex Weingarten. "We're not going to play games. This is too important. We're talking about a man's legacy."

Alan Thicke And Tanya Callou Tanya Callau's lawyer dismissed allegations that she threatened to take the family's money battle to the press (Photo: Photo Image Press/Splash News).

Tanya's lawyer, however, maintained that she never threatened to go public with the dispute. And he slammed Brennan and Robin's lawsuit as "bogus."

"Tanya Thicke has never threatened to take private family matters public and she never has," Adam Streisand told Hollywood Reporter. "It is clear that Alan’s sons have chosen this distasteful public smear tactic to bully Tanya, by stirring up the tabloid media, filing a bogus lawsuit, and refusing family mediation. Tanya is still grieving the death of her beloved husband and out of respect for Alan’s memory intends to handle his son’s false statements privately."

Who do you think should inherit Alan Thicke's estate? Let us know your take in the comments section below!