ADVICE please: Rightful owner of property in Poland? Property Value?

JonnyMThreads: 16 Posts: 4,487 Joined: Mar 9, 11 ♂	Jan 4, 12, 15:09 #31
^mrc^: parcel Piece of land, in English. ^mrc^: Hiring a Polish lawyer to take care of it for you is also my advice. This is a good idea in this case/

LotWozniak

Jan 4, 12, 18:48 #32

Her original will was to divide everything equally amongst the 7 children. The one brother thinks he is the only one entitled to everything and had the will drawn without any of the remaining 6 children knowing about the new will wherein he made himself the only heir to her estate and had the other brother as a secondary heir upon his death and the 5 daughters were totally disinherited in her will. Now I understand that the Will would have to be proved valid in Poland as it was made here. We 5 daughters/sisters thought that at least if we were disinherited here in the US, at least the land in Poland that our father/mother owned would definitely pass to us, eventhough in small portion.

To everyone that responded to this dilemna, THANK YOU!. I am aware that it is not worth the fight for such a small price, eventually it would be more costly to fight him on this as the property is small in acres and amount. It is just the principal of the matter. I just don't understand the law in Poland and how one can be so evil to take such actions against his siblings.

He will have to live with this and walk with that limp as someone mentioned. Again, everyone, Thank you! God Bless.

LotWozniak

Jan 4, 12, 18:59 #33

The WILL was done by an attorney, notarized, witnessed and had a "International Will" Certificate attached to it. From our attorney here in the US, it is my understanding that he would have to prove the Will to be valid in Poland, and the Polish courts would have to recognize it as valid there. From my further research, I understand that the US courts do not have jurisdiction over property in other countries, which to me makes common sense.

As for the question as to how he acquired the vast amount of percentage interest is: Lot 1, my father owned by himself; Lot 2, owned jointly by father/mother. So once my father passed, mother was entitled to at least 1/4 of his share in Lot 1 and the remainder divided equally between the 7 children. Lot 2, she was already 1/2 owner (?) and would then be entitled to a percentage of ownership in that Lot. In any event, after some calculations and as stated in the estate inventory, she was 5/8 owner of Lot 1 and 2 together. Since she left everything of her ownership to the one son, if he adds his share, he has the majority of ownership (although he would have to prove it in Poland) and does not require any of the others to convey the property to himself or to sell it, although we would still be entitled to a small percentage of the value after our father's share.

I may be wrong in my assumptions but I am guessing that he just did not pop up this amount and percentage of ownership for a estate inventory without the assistance of legal counsel, etc.

Just so everyone knows, there is always one in the family that will screw you over in any way, shape and manner.

Again, I appreciate everyone's input on this matter. Thank you.

^mrc^	Jan 4, 12, 22:58 #34
Get a Polish lawyer. It wont be that expensive and they will clear that for you. In Poland until this year it wasnt matter of what is in the will to decide who of the relatives inherits what. It was always that wife/husband get 50% children equally rest - no matter what the will says.

♂

Edited by: peterweg Jan 5, 12, 15:08 #35

delphiandomine:

If it's where I think it is - then it's nowhere near worth $50,000. It does depend on the quality of the land, but I can't see it being worth that much. It's nowhere near a major city, it's just rural farmland - which is plentif

Official figures say 4pln per m2 is the maximum in Poland. So 40,000m2=160k zloty around $45k at todays rate. Thats the absolute top whack, if its not the best, its will be worth less.

LotWozniak

Jan 5, 12, 21:56 #36

So, if Poland honors her Will made in the US, she was not a U.S. Citizen, he would still get her portion of the 50% plus his share of the remainder that is to be shared equally. One of my sisters did inquire from an attorney in Poland and he told her that upon both parents being deceased, each child would inherit 1/4 no matter what. I don't know how true that is as she is the one who dealt with the attorney. So if we have her 50% directed by the will to go to him, plus his share, he would have the majority say in what to do with the property? If he sold it, would he need any of the siblings permission to do so and if he did sell it, does he only get to keep his portion of the sale and the remainder is to go to the siblings? or is the money from the sale all to him.

He carefully planned this for the past 10 years. He abandoned the family for 13 years and than in 2001 took our mother to live with him and from day one he started to deplete all her savings she took with her, had her rewrite her will to be the only heir and honestly we take a risk contesting the will here in the states as the court will see that she was of sound mind when she rewrote the will as it was done by an attorney, witnessed, notarized and translated. We have an attorney handling this here in the states but can't see how the courts here would have jurisdiction of property in another country. We don't know what he is planning as he is now asking the court here to turn the estate from informal to formal.

There are just so many issues that we're just attempting to obtain as much information as possible but will eventually NOT fight over this issue as it is what it is. We have our pride and morals, he obviously thinks he is the only child.

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