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Polish law on inheritance and real estate

DanushaNowakows i    
19 May 2017  #31

My biological grandfather owned 3 plots of land in Poland. He left that property to my biological father. My biological father gave Power of Attorney to another relative in Poland as my father liived in the U.S. My biological father passed away 2yrs ago. I understand that this makes the Power of Attorney for our Polish resident relative no longer valid, I think.

In my biological father's will, I was disinherited, I strongly believe at the pressure of his 4th wife with whom he had no children. I am the oldest living heir. My mother was recently in Poland and we heard about these 3 plots of land for the first time. They were not mentioned in my father's will, written in the U.S.

My question now, is that I don't believe his widow, nor any of the other children are aware this property even exists. I would like to proceed with selling the land and accepting my share of the proceeds.

I'm not sure what impact the U.S. will has over Polish laws. I don't even know where to begin. I would like to move quickly. Please advise on where to begin and which documents I will need. There was something related to my father's will that I was asked to sign. I never did.

I appreciate any advice you may have!

polishlawyer - | 6    
23 May 2017  #32


Answering to your question, basing on my experiences and knowledge:
1. First thing is to identify this property - where is it, what is the status of it (who's registered as as an owner or a person entitled to any other kinds of rights) - first step for such identification could be by the number it has in the land register.

2. If you don't have such numer it's more complicated and requires a bit of investigation. But for expirienced lawyer establishing such things should not be a problem even if the only thing he/she knows is the physical location of the property. Quite useful information could be about what kind of property it is - is it just a ground or is this ground builded over with building (what kind of) or the location, etc.

3. Then there should be established your family situation - how many potential heirs has to be considered in the case or if any legal procedures refered to the inheritance was undertaken.

4. Problem of the impact of the US will over polish laws is more complicated and requires analising of the documents, but it's surely good thing you had not signed any statement related to the will.

5. I think it could be a good idea to search for a lawyer/solicitor in Poland.
6. if you have any further questions - contact me on priv.


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