Decision - TJSP

Decision - TJSP October 21, 2021 Court 9th Family and Probate Court Judge José Walter Chacon Cardoso 10/19/2021 Decision on Visas. The request filed by Mauricio José da Silva against Edilene is taken care of for her to be removed from the role of inventor of the assets left behind by the death of José Batista da Silva, as she does not attribute regular progress to the case. Reply to sheets 25/29. The Public Prosecutor's Office, given that the widow-sharer was banned, manifested itself in the act for the removal of the executor, with the appointment of the dative inventor. It's the report. I plead and decide. It is evident that in an incident of removal of the administrator, there is no question of investigating the mental capacity of the parties, nor of counterclaims. So I only appreciate the defense. As previously stated, the process is not going smoothly, so much so that it has been archived for a long period. The justification presented by the administrator for the negligence is exclusively for the use of resources to care for the mother (nowadays) or due to the agreement with the siblings for what purpose the income would be given. The other heirs so far have not been qualified in the records, which in principle supports the inventor's thesis, as the inertia indicates that they are in agreement with the destination of the estate's resources. Thus, since there are several heirs and in view of the widow's death, it is possible at this time to highlight the conduct of the administrator so that all heirs are called to the inventory. In addition, naming a dative would burden the estate and heirs. In light of the foregoing, I REJECT the request for removal of the administrator filed by Mauricio José da Silva against Edilene Maria da Silva. In addition to what is determined in a decision rendered today in the inventory, I order the inventor to provide what is necessary for the citation of the other heirs or to bring their consent to the records, within a period of one month, under penalty of summary removal from the main records. A copy is transferred to the main records, making the appropriate annotations in the system in those records, and file the records. Costs according to the law. Please note that e-mails or any messages sent by the heir directly should not be attached to the records, as only represented by a lawyer can petition in the records. Intimate yourself. 08/19/2021 Conclusions for Judgment.