Leaving millions of orphans in “suffering” on the 5th after she died in a plane crash, singer Marília Mendonça, 26, also left a millionaire inheritance for her heir and son Léo, 1 year and 11 months old, whose custody will be shared between the singer’s mother, Ruth Dias, and the boy’s father, Murilo Huff. But who manages all this? Marilia left a will?
First, while they are still dealing with the death of the famous woman, family members must file, within 60 days, a process for the inventory of the inheritance.
The specialist in Family Law and president of the Brazilian Institute of Family Law, Fernanda Barreto, explains that, according to Article 611 of the Code of Procedure, the deadline for opening is 2 months and that the same article provides for a completion period of 12 months . If it is not complied with, the State Treasury Department, for example, charges a fine of 5% of the value of the causa mortis tax. The judge, however, can extend the deadlines.
If Marília has made a will, she is only free to test 50% of the value of the fortune, since the son is the necessary heir and must have the other 50%. First, children and spouses are the “necessary”, followed by the ascendants, parents of the singer, who would take half the money if she had no descendants.
“In the case of Marília, she was not married or lived in a stable relationship, but she had a descendant and an ascendant. So the son gets all the equity, if she doesn’t have a will. If so, the child gets at least 50% of the inheritance. The other 50% are under her responsibility.“, explains.
But as Léo is a minor, the money management will not be done by him for the next 16 years.
The lawyer and family teacher, Teresa Oliveira, explains that the child’s legal representative is responsible for the administration. If it is the father, Murilo Huff, it will be up to manage the property until Léo reaches adulthood, “the management of property must always be in the best interests of the child”.
If custody is shared with the maternal grandmother, she will also act in decisions about inherited assets. “It should be noted that at the request of the Public Ministry or by judicial demand, clauses may be included to preserve the child’s assets and interests”, he explains.
The judge can also demand that an accountability be presented periodically to assess how the inherited assets are being managed, taking into account the child’s needs over the years. “In order for any sale of the inherited property to be made, it must be requested by the legal representative, always demonstrating the real need in favor of the child and must be authorized by the judge”, he concludes.
According to the Forum portal, before the pandemic, the fee for Marília’s concerts varied between R$ 350 thousand and R$ 2 million. The “Queen of Sofrência” had a monthly income of around R$ 10 million, as reported by sites on the artistic world, and the patrimony of the sertaneja, which performed 25 shows a month, would be valued at almost R$ 500 million.