Questão jurídica principal
Whether a handwritten post-mortem acknowledgment signed by one heir can justify provisional debt enforcement against that heir personally and jointly as heir.
Decisão extraída
The lower court had to examine whether the signatory had authority to bind all heirs; without such authority, the acknowledgment does not support provisional lifting against each heir.
Fundamentação extraída
In provisional lifting, the judge must verify the existence and formal probative force of the acknowledgment, including whether it was validly executed by all heirs or by an authorized representative. A single heir's unauthorized signature does not bind the coheirs, though it may create liability for that heir toward the creditor.