chris999
4/18/2008 08:19 EST
Please can anybody advise me with a problem I am having inheriting some Polish property. The situation is this: In May of 2006 my mother died leaving a property in Krakow to my sister & I (sole children of non-Polish citizenship). We employed solicitors in Krakow and by August 2006 all paperwork was with the judge. Nearly 2 years later the judge has still not made a decision on whether we can inherit this property. The problem seems to be this: my mother was born in Poland, emigrated to the UK in the 1960s and became a British citizen with a British passport. The will and probate are British documents. There are no Polish documents in this case. Our solicitors have said that the judge is waiting for Polish laws to be brought in line with European laws before making a decision. Does anybody know what the current legal situation is in Poland regarding non-Polish citizens inheriting Polish estate from non-Polish owners? We may be able to arrange a meeting with the judge later on in the year. Can anybody advise us what we can do or say to influence him to make a decision? Does anybody know of other similar cases and how were these resolved?
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Carltanlan
From: France
4/19/2008 03:13 EST
There is no inheritance tax for foreigners in Poland . There a Tax treaty between the UK and Poland and other countries and Poland. You may go on the forum of Polishforums.com and ask your question on the real Estate Section. Ithink that all you have to do with your Mother's property which is yours by European Law is to go to a NOTARY with the Property papers , they might have to do a research to know if your mother had other heirs but you should not worry . Best,c
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jmarler
6/20/2011 07:43 EST
Dear Chris999, Did you get a satisfactory outcome to the situation described in your posting of 4/18/2008? I am currently in a similar situation. Jonathan
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proudmary815
9/10/2011 13:39 EST
Please I have some questions regarding my rights to a written Will and inheriting some property in Poland. The situation is this:
I am an American born woman who was married to a Polish born man. Over ten years ago my Mother-in-law and Father-in-law made a Will in which all assets including their apartment and land were left to my husband (I am not sure if my name is also in the Will). My husband and I were very good to his parents and treated them well. My husband had a twin brother did not do much for his parents who was not named in the Will. My in-laws trusted and knew my husband would split everything equally between the two brothers when the time came. My Mother-in-law passed away a few years after the Will was written and then my husband passed away in 2001. After my husband died, I remained in contact with my Father-in-law and continued to help him. My brother-in-law started probing his Farther pushing him to get a lawyer and wanted money from what my husband left me. After much stress and a desire to have peace in my life restored I gave my Father-in-law $35,000.00 they had to sign papers agreeing not to seek anything else from me. This ended the relationship between my Father-in-law and I. I don't know how but because of my husbands death my brother-in-law and his wife were able to get green cards.
Just recently I received the following message from my Father-in-law threw a friends translation:
"Hello Mery! I am visiting Michal now, and would like to ask you a favor. Because of my financial situation I am planning to sell my apartment and buy a smaller one. But I would need your permission to do that, as you are Janek's devisee. I have to go to the court to straighten the inheritance issues of my apartment, and your attendance would be required. If you are not willing to come all the way to Poland, would you be so kind and give me a written consent that you agree to renounce the inheritance. I just wanted to mention that the travelling costs would probably be higher than the presumptive value of this inheritance. Please respond as soon as you can. Kazik"
I would like to know what my rights are regarding this situation, and why would I to travel to Poland or give written consent? If my Father-in-law wants me out of the Will why doesn't he just make a new Will? I am not sure if and what was legally in my Mother-in-laws name but wouldn't that legally go to my Father-in-law in whole? I do have a copy of the Will in my possession in storage but I would need to have it translated. After all I have been put through by my Father-in-law and Brother-in-law I have no intentions of giving up my rights to this inheritance but I would like an explanation of the law and how it works.
Thank You
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Carltanlan
From: France
9/11/2011 03:30 EST
Do not at any cost give up on your inheritance. Just ignore your greedy father in law messages or tell him that you do not want to write a written consent renouncing the inheritance.You are on the will and are entitled to either the property or some money for it. You already gave them 35 000£ which is pretty huge in Poland. The best is for you to come to Poland and get a Polish lawyer. After an accurate estimation of the value of the property you may negociate with your in laws. If you post your message on Polish Forums ( a dedicated website for Poland ) you ll get answers by members. Best regards,
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