“I’m not a black belt compadiI’m black entire, entire“. Basically every Brazilian knows who said this and other catchphrases with words ending in “is”.
Renowned in different areas of entertainment, Antônio Carlos Bernardes Gomes, better known as Mussum, died 30 years ago, due to complications from a heart transplant, on July 29, 1994. He was 53 years old.
Irreverent, his name is always rekindled on social media by the humor sketches immortalized in “The Trapalhões”the program in which he made history. The passion for samba is another hallmark of the artist. He was a member of the musical group “The Originals of Samba” and one of the big names at Estação Primeira de Mangueira.
Mussum follows pop. In 2023, his life was portrayed in “Musmus, oh films”which won Kikito for best film at the Gramado Film Festival.
In recent years, Mussum’s name has also stopped elsewhere: in Justice. Disagreements between the children over the inheritance left by the comedian explain this situation.
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Until 2019, Mussum had five recognized children (Augusto César, Sandro, Paula Aparecida, Antonio Carlos Filho and Antônio Carlos Santana, Mussunzinho), but a sixth heir proved to be a descendant of the artist after a positive DNA result.
Dentist Igor Palhano said, in different interviews, that he already knew he was Mussum’s son, but waited for his stepfather to pass away to take the exam that confirmed paternity. Igor’s arrival created a demand: he wants to receive amounts from Mussum’s copyright, like his brothers.
However, the other heirs refused to sign a document that recognized him as a biological son, a situation that forced the dentist to file a request in court. Paula Aparecida, one of Mussum’s daughters, publicly stated that the assets left by her father — such as real estate and a boat — were sold and shared more than 15 years ago.
Until the legal imbroglio is resolved, the heirs’ assets will be blocked. Igor’s case is not isolated. A new heir can emerge at any time and cause significant changes in the property division process. What to do in this case?
Experts consulted by InvestNews state that Igor followed the recommended procedure: he first filed a paternity recognition action post mortem (when the father is already deceased).
“It is this action that is used for the applicant to prove that he is a son and, consequently, has the right to inheritance. This procedure aims to confirm paternity in relation to a person who has already died, by carrying out evidence such as DNA on relatives and hearing witnesses, explains lawyer Roberta Capistrano, from Fabio Kadi Associados.
Capistrano also says that the same action grants the applicant, in addition to the inheritance, the father’s name on all personal documentation. But you have to wait. “Only after obtaining a favorable sentence and the decision becoming final will the applicant have the status of heir and, consequently, will begin to enjoy inheritance rights”, says Laísa Santos, a lawyer specializing in Estate and Succession Planning.
READ MORE: Inheritance: who gets what in the absence of a will
How are the assets?
For the heir recognized by a DNA test after the death of his parents, in the case of Mussum’s son, it is necessary to comply with some rules to be entitled to the estate (assets that will be shared in the inventory).
Experts in property succession explain that, in this situation, it is necessary to go to court with an “Inheritance Petition”, provided for in article 1,824 of the Civil Code. “If the inventory and sharing have already been finalized at the time of paternity recognition post mortemthe new heir will be able to request the reopening of the division to secure his share of the assets”, says lawyer Laísa Santos.
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Lawyer Marina Dinamarco emphasizes that the petition must be accompanied by an “Action for Annulment of Partition”. This document requests the cancellation of the inventory carried out in your absence. “And it gives rise to a new division of assets, now including their presence”, he says.
Shortcut is way out
Depending on the case, reopening the sharing process can generate strain. During the process, the other heirs may have sold inventoried assets, for example. The eventual cancellation of the inventory, in this case, would affect sales and result in new legal demands.
It is because they know this that many judges have used a shortcut: the proportional recalculation of the inheritance.
It works like this: the judge calculates the hereditary share owed to the “new” heir considering the amount that would be due to him based on the sentence that recognized paternity (or maternity) post mortem. This percentage must be the same if the “new” heir had been included in the sharing since the beginning of the process.
Each heir is notified to reimburse, proportionally, the amount equivalent to the share owed to the newly recognized child. “This apportionment occurs according to the assets and rights that each person has already received, so that everyone contributes proportionately to ensure the new heir’s share”, explains lawyer Laísa Santos.
With the recalculated value, the recognized heir post mortem You can then receive the amount owed directly from others, without the need for dismemberment or transfer of specific assets.
And how is the value of assets calculated? Justice has a rule: for assets that are still in the possession of the heirs, the value to be considered is the current market value. For those that were sold, in addition to updating, there is interest of 1% per month.
But be careful: if the other heirs have spent the inheritance, or most of it, the new heir will be at a loss, emphasize experts in family and succession law.
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Deadline: a point of attention
The passage of time is another factor to be analyzed by the new heir. Although the paternity investigation action is imprescriptible, that is, it can be requested at any time, the Inheritance Petition has a deadline to be analyzed: up to 10 years from the death of the parent.
Remembering that it is the Inheritance Petition that is responsible for recognizing the inheritance right of a new heir and the restitution of the assets that belong to him.
In May this yearthe Second Section of the STJ (Superior Court of Justice) defined that the deadline for a person to go to court and ask for their share of the inheritance starts from the date of the death of the supposed father and not from the day on which the process was concluded recognition of membership.
“The basis used by the STJ is to provide legal certainty and stabilize relationships within a reasonable period of time”, explains lawyer Marina Dinamarco.
With more than twenty-five years between Mussum’s death and the recognition of Igor’s parentage via DNA, the dentist will not be entitled to his hereditary share, according to current legislation.
In relation to the comedian’s copyright, the Law 9,610/98 (which deals with the topic)the Federal Constitution of 1988 and the Civil Code ensure the continuity of copyright in a work of art after the death of its author, allowing heirs and holders of these rights to control its use. Article 41 of the Copyright Law even stipulates that patrimonial rights will last for seventy years after the death of the author.
But there is still a question mark over whether Igor Palhano will have his share of Mussum’s copyright. “Copyright is part of the right to inheritance. For this reason, the tendency is to understand that Igor would also not have the right, due to the prescription (of the Inheritance Petition)”, points out Marina Dinamarco.
“However, as the judgment (by the STJ) on the matter is recent, it is necessary to await the position of the Superior Court of Justice in this regard”, concludes the specialist.
