Supposed heir attacks Saul Klein in dispute with brothers – 04/13/2024 – Panel SA

Moacyr Ramos de Paiva died in 2021, trying to prove that he is an out-of-wedlock son of Samuel Klein, founder of Casas Bahia. His family continues his father’s attempt to divide the inheritance with the other brothers, who are in an intense dispute over the estate. Saul, the youngest, says that the fortune left behind is greater and insinuates that Michael hid assets and valuables.

About ten days ago, Moacyr’s estate entered this fight with attacks on Saul. Paiva’s lawyers took advantage of a petition, made on April 1, in which Saul demands that his brother Michael — firstborn and executor — add more than R$7.6 billion to the inheritance.

This value refers to shares in Via Varejo (currently Casas Bahia) transferred by Samuel to Michael in 2013, one year before his father’s death.

Moacyr’s estate told the judge of the 4th Civil Court of the District of São Caetano (SP) that Saul has a “short memory”, because he was also the beneficiary of share transfers.

The lawyers claim that, in July and September 2009, the creator of Casas Bahia made donations totaling R$883.8 million to each of the heirs. They consider that this “cake” should be placed in the estate so that Moacyr also has a share.

They also state that, in November of that year, Saul sold his stake in the company for R$950 million.

Corrected by the IPCA until March, these values ​​would total R$4 billion.

Crocodile tears

Moacyr’s estate claims that Saul is a participant in a “perverse plot” in which Saul would serve as an agent for 360 Graus, a company in which he is a partner with two other people.

This is because, based on the statement made by a former lawyer of Saul to the Court, Saul fiduciary alienated all his hereditary rights to 360 Graus. In other words, Saul’s inheritance would belong to this company.

For this reason, Moacyr’s estate says that Saul’s requests in court are “crocodile tears” and that, in fact, Saul would be acting as an agent of this company.

“The attitude now is not that of the heir who spent R$4 billion on women and football. It is that of the company 360 Graus Intermediação de Negócios LTDA, an investor, trying to obtain the best profitability from the ‘Klein family’ thesis”, writes Anderson Henriques Hamermüler, lawyer for Moacyr’s estate in the petition.

“The fact that he spent all his money and sold his hereditary share to a third party does not make him a victim or less responsible. He is just an unfair litigant (a nickname already given to him by the TJSP [Tribunal de Justiça de São Paulo]by the way) that alters the truth of the facts and omits sensitive information”, says Hamermüler.

The lawyer asked the court to accept Saul’s request against Michael and force him to present the amounts received in 2009 for division among the heirs, including Moacyr.

Samuel Klein’s supposed son went to court in 2011, asking for paternity to be recognized. The case, however, was not solved, because Michael, Saul and Eva do not recognize him as their brother.

Samuel, who allegedly had an extramarital relationship with one of his employees, denied paternity until his death in 2014.

They all refused to take a DNA test after their father’s death.

Other side

When contacted, Saul Klein stated, through his lawyers, that the transfers were made by Samuel during his lifetime and benefited, in an identical way, his three children. He said that “the transfers did not violate the hereditary lot of any of the heirs.”

It also says that, at this moment, there is no other heir besides Samuel’s already known children and grandchildren.

“Mr. Moacyr’s successors have no legitimacy to, at this moment, formulate a request for the collection of assets.”

Michael Klein’s lawyer, João da Costa Faria, stated that the court has not yet decided whether Moacyr’s children have the right to follow their father’s request, whose relationship with the Kleins has not yet been proven.

However, Faria confirms the content of Moacyr’s estate’s petition to the Court. He informs that, on November 16, 2023, Márcio Casado, Saul Klein’s former lawyer, revealed in the inventory records that his former client had alienated in fiduciary terms all his hereditary rights to the company 360 Graus Intermediação de Negócios Ltda.

“His partners are Antônio Carlos Fazio Júnior and Enzo Gorentzvaig, who were part of the commercial department of Casas Bahia, which was commanded by Saul Klein”, says Faria.

“In the fiduciary alienation contract for hereditary rights, the company 360 Graus, in an explicit clause, clarifies that the shares would continue to be held in the name of Saul Klein, until further notice. In other words, Saul Klein would no longer have an interest in the fortunes of the assets inventoried, would become the legal entity’s “front man” or, in figurative language, its “foreman”, says Michael’s lawyer.

“The company 360 Graus, named after Saul Klein, is making such a fuss, with the purpose of bringing to the attention any donations that may have been made by Samuel Klein to his heirs, Eva and Michael. It is forgotten, as remembered by the estate of Moacyr Ramos de Paiva Augustinho Júnior, of which he was the beneficiary, in 2009, of a donation of R$ 880 million, which today would correspond to R$ 2,034,882,856.40 and which would also enter into the hereditary agreement In short: he went to get wool and came out shorn.”

With Diego Felix