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Posts by inkrakow  

Joined: 15 Jan 2011 / Female ♀
Last Post: 17 Mar 2019
Threads: 1
Posts: 98

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14 Mar 2019
Law / Polish Inheritance Law and the legal rights of a grown grandchild living abroad [5]

1. Yes of course your husband's rights are not affected by living abroad. He is a direct descendant and has the right to a share in the estate.

2. If your husband's mother divorced his father, then she has no rights to inherit.

There's no law in Poland to register a will, so if your husband's grandfather left him something moveable and the will is not registered anywhere (e.g. with a notary), then without that document it's very difficult to claim anything. It's easier if there is any real estate as that has to go through courts so it leaves a trace.
11 Mar 2019
Real Estate / Average czynsz in Poland-> average cost of utilities/admin for an apartment that you own? [10]

1. Most properties have meters, so you're charged a standing charge and a fee based on usage. Check and compare with the utilities companies - it's all pretty straightforward.

2. I pay about 50PLN for electricity and 150PLN for gas every month, and over the course of a year it evens out pretty much (around 90m2 flat in an old building). In our building not everyone has a water meter, so it's charged per person living there - works out to be around 10zl/person/month. We also pay 15zl/person/month for rubbish.

3. If you're not using gas/electricity then only the standing charge will apply, and you need to talk to the building admin to see if they'll make allowances for when you're not there. They might not want the hassle though...

4. To build on what a poster above wrote:

MZB = municipal/public housing. By definition, you can't own it so it's a non starter. It's also in short supply and reserved for those in most need.

Spoldzielnia = cooperative. You usually own a share in the coop and pay an admin fee, but if you're not comfortable with that, you can get the deeds to your flat set up and also pay them a fee to administer everything. A coop usually has multiple buildings under its administration and can negotiate better rates for things because of its size.

Wspolnota = a property management company set up to administer a building (usually just one). The shareholders are the owners of the units in the building. There's a board elected by everyone, and annual accounts have to be submitted like any company. The board appoints an administrator (usually a company that specialises in building management) to do the day to day running of the place. The charges are set at an annual meeting and agreed by a majority vote - both the administrators renumeration (between 0.9-1.3PLN/m2/month), ongoing costs (around 2PLN/m2/month) and a sinking fund (1-10 PLN/m2/month). Any changes have to be voted on and agreed by a majority, so unless something goes drastically wrong and the board decides that they need additional funds, you should be able to set a budget for the year.

My view is that as a prospective buyer into a wspolnota, you should ask to see the accounts for previous years. If they won't give them to you or say there aren't any, then beware. As with any organisation like this, if everyone is in agreement you can get a lot done, but if there are a few uncooperative owners and the administrator is lazy, then it can be a very frustrating experience.

5. It may just be that the market in Raciborz isn't very liquid and not much gets sold there...

One other thing - our 'stamp duty' is the PCC. For real estate sales its a 2% tax paid one-time on the value of the transaction payable to the notary. Property taxes, payable on an annual basis to the local authority, are much lower and handled by the administrator who pays out of the money collected for the ongoing cost for the building.
28 Sep 2018
Law / Poland's Inheritance Law Without Will [20]

Sounds pretty straightforward - contact a lawyer in Poland to take you through the process. We have phones here now, and even email...
12 Aug 2018
UK, Ireland / Commuting from Kraków to London? [8]

Check out the flight prices - they can be well over £100 in each direction in peak season, which can mount up.
Winters are long and pollution is only a problem for 6 months of the year ;)
17 Jun 2018
Law / Sign PDF file with EPUAP profile to create XADES file ? [8]

May the force be with you.

I've closed down all my Polish companies and have no intention of ever setting one up here again - I also regularly warn wannabe entrepreneurs against choosing Poland as a place to locate their company. The bureaucracy together with the risk of malicious fault finding if it goes well mean it's just not worth the hassle.
16 Jun 2018
Law / Sign PDF file with EPUAP profile to create XADES file ? [8]

The whole process is a typically Polish clusterf**k of epic proportions. I spent hours trying to figure out how to do the same thing as you and I speak pretty fluent Polish. I ended up having to make the trip to my accountants office, where they held my hand through the whole process on their PC, which let me take advantage of the fact that they've got the right software. I suggest you save your nerves, find a friendly accountant and do the same.

Whoever designed and implemented this system should be shot.
16 Jan 2018
Real Estate / Landlord accuses of not paying rent. Poland. [6]

He gave me 3 days to pay and threatened me to kick me out.

He needs a court order or baliff to kick you out - not something that he can organise in 3 days.
28 Nov 2017
Real Estate / Renting in Poland - tenants' rights? [36]

He can't force you to leave without an eviction order from the court, and he won't get one because there's a child involved (under 13 years of age). Keep paying the original rent and get some proper legal advice - Polish law is very much on the tenants side and you have rights that are heavily protected.
9 Nov 2017
Real Estate / Buying real estate in Poland advice [18]

If you know of any lenders (UK or PL) who will lend to a UK taxpayer (with documented income in PLN from Poland) on a Polish property, please share. My income will cover the mortgage payments comfortably and I have a low LTV but I'm finding it impossible to find anyone willing to lend.
12 Aug 2017
Work / 10 Years Exp With Data Warehouse, Machine Learning and Big Data Salary For Krakow [15]

10-12k? When iOS developers with just a few years experience are clearing 10-15k here in Krakow?

As i checked there is no such background like me so i can not find a specific salary for now.

People with these skills/experience are rare and get snapped up pretty quick, but you'll find jobs will be in the major cities. You're looking at 20k/month net if not more, particularly if you're willing to work in Warsaw. Check out what's being advertised on LinkedIn and talk to some of the IT recruiters.
10 Aug 2017
Law / Last will in Poland - (can a stranger inherit everything?) [40]

The Polish court is responsible for diving up the assets accordingly

The court divides the estate, not the assets. I'm not sure of the exact proportions (or how close the circle of entitled relatives goes), but the principle means it works out as the OP says above :

so for example the assets are worth 100 then she is entitled to 50 and then 50 will be allocated to his 2 brother and sister and the daughter (just immediate family)

Under Polish law, his partner will be entitled to $$$ and not necessarily bricks and mortar, making it doubly important to get a lawyer in Poland involved, so the cash doesn't mysteriously disappear.
9 Aug 2017
Law / Last will in Poland - (can a stranger inherit everything?) [40]

Don't worry - no official process works that quickly in Poland :) I'd say the sooner she gets a lawyer the better as they will be able to start gathering the documentation and be ready to act. And at least they will be able to explain the process over the phone, and put her mind at rest.
9 Aug 2017
Law / Last will in Poland - (can a stranger inherit everything?) [40]

Your partner is in a much better position with the Polish system than she would be with the UK system. As a previous poster mentioned, close relatives can't be left out under Polish inheritance law - it's stated in black and white. She must get her own lawyer, and quickly, and not take any notice whatsoever on anything that the person who wrote the will says. She also can't be prevented from attending a funeral.
23 Jun 2017
Law / Polish inheritance law in Canada [36]

In Poland a will doesn't totally override the rights of close relatives to the estate. Get a lawyer to look at the whole case.
23 Jun 2017
Law / Polish inheritance law in Canada [36]

Yes, the timing makes sense. It can take months to get a court date, and there's no time limit for sorting out an estate - my grandmother died in the 80s and we're only now sorting out the division of her property via the courts.

It sounds like you're looking around for some conspiracy and assuming that the authorities have more power than they actually do. If someone is living in a property and paying the bills (and whoever is renting it out is paying taxes), why should the government get involved? There are plenty of properties here where the owners have been missing since WW2 and a curator is appointed to make sure that the taxes are paid and that the building doesn't become a danger.

Pretty much everywhere it's the inheritors' responsibility to sort things out and there are laws that define how this works. Does some official in your country come round to a recently deceased person's property and quiz whoever is living there and then take a proactive role in sorting out the estate? I doubt it.
21 Jun 2017
Law / Polish inheritance law in Canada [36]

It's an instruction to post an announcement on the website to say that on the basis of art. 144 of the Civil Code, the court has appointed Alicja Kaimierczak to represent Elizabeth Mary Sl, and Monika Serocka to represent Eva M. in the matter of the estate of Kazimierz Kmieciak in the Sopot Regional Court. All correspondence relating to this matter will be sent to these two representatives until the persons (or their authorised representatives) come forward.

Looks like these two people haven't quite been cheated as they have been recognised as interested parties by the court. Instruct a lawyer to represent you in this case - Polish law doesn't work in the same way as common law based countries in the matter of inheritance.
19 Jun 2017
Real Estate / Contact from a Łukasz Mróz about Krakow property inheritance is this a scam? [20]

Isn't it easier to get rid of (or politely ask to vacate the building) of all the other owners from a property and then own the property outright.

LOL! Owners moving out doesn't negate their right to ownership. Not sure how you would go about getting rid of owners who rightfully own or occupy the property (even if it exceeds their share). Forcing them out is illegal (and immoral) and even if you do it legally it's definitely not an easy process. And asking politely? Well I suppose you can always try...
19 Jun 2017
Real Estate / Contact from a Łukasz Mróz about Krakow property inheritance is this a scam? [20]

If no owner(s) at all can be found, then it's true you can't buy anything from anyone. However, there are plenty of cases where a building is in shared ownership and some of the owners are known. In those circumstances, any one owner is free to sell their share to someone who wants to go through the process of trying to find the others or live with the uncertainty. It's also true that many people think a small share is worth millions, which is nonsense, particularly if they don't already occupy any space in the building. That's why it's not an easy way to make money.
17 Jun 2017
Real Estate / Contact from a Łukasz Mróz about Krakow property inheritance is this a scam? [20]

It's possible its entirely legitimate - I know from personal experience that trying to do anything in a building where there hasn't been a 'podzial' can be a complete PITA and I too would prefer to buy my minority co-owners out to give me a free hand to do the renovation that is needed. I also know a few people who have done what this lawyer is attempting to do: bought a share in a building where some of the owners can't be found and then putting in the legwork to buying them or their heirs out. Anyone can do it and if you have patience and luck, you can indeed make some money. And I also know of people who own small shares in buildings but all the apartments have been occupied by the other owners and there is nothing left for them.

It's not advisable on relying on the authorities will contact you - they may not know you exist (especially if you weren't born in Poland) or where to find you and they don't have the resources to search around the world for missing owners (given Krakow's history, there are many such cases. If owners can't be found, the court appoints someone, either one of the other owners or an external person to represent their interests until they show up.

In any case, it's pretty easy to see if the guy is legitimate (a quick good search has turned up a lawyer with the same name in Krakow), and whether you or your relative indeed have a share in the building; ask him for the land registry number and look it up online on the Krakow court website. The land registry record should also show if the court has appointed an administrator. Then get your share valued by a valuer - if it's only a share in the building then it's going to be worth less than if it has a specific apartment/premises allocated to it. Then negotiate a better price, preferably through your own lawyer.
8 Feb 2017
Real Estate / Tax on UK rental income, while residency in Poland [11]

If you move tax residency out of the UK, the tenants in you UK property should start paying the witholding tax on the UK rental income direct to HMRC and send you the balance. You'll still be liable for tax in the UK on any earnings above the UK personal allowance and because of the dual taxation treaty this can be used to offset Polish tax. However it may not do you much good because as a tax resident in Poland it's the Polish personal allowance that counts and this is significantly lower than in the UK.

I'd talk to a Polish accountant to get an idea of what expenses you can claim here that you can't in the UK, and also to do an example calculation for you - it may be worth hanging on to your UK tax residency for as long as you can.
28 May 2015
Life / London vs Kraków - considering a move [8]

My answers your questions:

As far as I can see, Kraków is:
- bike friendly - not quite, but getting there.
- more pleasant to look at (low rise buildings, pretty centre, delightful river) - erm, have you been to Ruczaj? Or any of the suburbs?
- clean - only the centre
- uncrowded - not the centre
- slightly less polluted - absolutely not true, we have Europe's 3rd worst air quality, with levels exceeding the legal limits by factors of 10x in the winter. Many people develop breathing problems on moving here.

- largely graffiti free - true, but what graffiti we do have can be seriously racist
- offering more job opportunities for me (paradoxically, since investment banks are near-sourcing here like crazy and the London IT contacting market is mainly awash with dull regulatory reporting work) - only if you're prepared to work in the outsourcing industry

- offering 4 city centre flats for the price of a single london flat in zone 2 - maybe, but at salaries that are a fraction of that in London and without the possibility of getting a mortgage.

- the language is very challenging for native English speakers - yes, but it's increasingly easy to get by in English
- there is a 6 month winter (but I like the cold & skiing) - true and it gets dark earlier than in the UK
- bureaucracy is rampant - true, but getting better
- a decent steak is hard to find / lobster is unthinkable - not true (steak - Ed Red, Pimiento...)
- plush gyms are overpriced - I pay £20 a month for a perfectly adequate standard, with a corporate account, it's less.
- filtered milk isn't available - it is, but it's still not widely available and easiest to order online.
- a PLN salary would make foreign holidays / buying foreign made electronics & clothes rather expensive - depends, some living costs are lower here
5 Mar 2015
Law / A general legal question about inheritance in Poland - debts [31]

Depends how the notary act was worded, but it may be that whether you sell or not, you'll still have to pay a 'zachowek' to your aunts/uncles - a share of what they would have got if the Polish estate had been divided equally. You need some proper legal advice.