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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 I understand that this makes the Power of Attorney for our Polish resident relative no longer valid, I think.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.

16 Apr 2018 #33
I have a question about inheriting/transfer ownership of an apartment in Poland. My older sister signed over her apartment to me over 10 years ago. It is in my name, everything has been done through a legal notary. I live outside of Poland. She is now in a nursing home in Poland due to physical limitations because of her age. She is still of sound mind. I have been financially supporting her while she is in the nursing home. Other family members(living in Poland), one sister/niece and nephew feel they are entitled to the property. Is there any legal law/right that I should be aware of in this situation. Should any other legal paperwork be done before she passes away so there are no questions that this apartment belongs 100% to me?
terri 1 | 1,664
16 Apr 2018 #34
It is very likely that they will be entitled to parts of the property. You must make it clear to them that you will sue them for the cost that they should have been paying to the nursing home. You must seek the advice of a Polish solicitor and present to him all your bills/payments that you have had to make to the nursing home or if you bought anything else for the sister. These costs should be divided up among the family.
16 Apr 2018 #35
If it's legally signed to you then it's yours. The only way they could put their hands on it is if it was 'darowizna' and they can prove gross ungratefulness (rażąca niewdzięczność) on your part

I just read about it some more and it seems a lot depends on time. If it was less than 10 years then certain family members can ask for their part ( not a sister though ) if it was more than that you are free
delphiandomine 88 | 18,446
16 Apr 2018 #36
I'd check with a good lawyer, and keep track of every single złoty you've given towards her in the meantime.

There's a chance that some family members might have a claim, though it's hard to see how in this case.
16 Apr 2018 #37
There's a chance that some family members might have a claim, though it's hard to see how in this case.

The only way is through 'zachowek' and the only ppl entitled to that are spouses, kids and parents (only if there was no kids)
Checking with a lawyer is always a good idea if you can afford it.
16 Apr 2018 #38
I appreciate everyone's advice and feedback. Thank you!
5 Jul 2022 #39

Polish Zachowek/Inheritance Law


My Grandma passed away years ago, and she left no will. Before she passed, she signed over ownership of an apartment to my father. My father later sold the apartment after she passed away as he was the rightful owner.

Now years later, his brother is saying that he is entitled to a piece of the apartment that was sold.

My question:

If the apartment was signed over to my father before my grandma passed away (i.e. it no longer belonged to my grandma and could not be part of the will/inheritance if she made one), can his brother make a legitimate claim for a piece of the apartment under inheritance law and/or Zachowek?

Thanks in advance.

All the best,
pawian 202 | 21,101
5 Jul 2022 #40
can his brother make a legitimate claim

Yes, that`s what zachowek law - forced share - is about.

Read more about it:
Lenka 3 | 3,080
5 Jul 2022 #41
Depends on how long before death he signed over the house
pawian 202 | 21,101
5 Jul 2022 #42
forced share - is about.

It means that your uncle can claim the part of property from your father even if their mother had given the apartment to your father before her death.

Then, for each person apparently entitled to a forced share, everything they have received from the testator must be deducted from it, i.e. the value acquired in the succession, general or specific bequests, and gifts received during the testator's lifetime.

Depends on how long before death he signed over the house

Not in the case of such direct heirs as sons

Therefore, this 10-year limitation on adding gifts back into the clear value of the succession does not apply to gifts made by the testator to heirs or those entitled to a forced share.

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