Expat Community > Poland

caligirl07
Joined 2014
Posts: 1

Inheritance/Probate Law

10 years ago

Hello, could someone please explain what happens in the following situation:

(I would like to preface my comments by saying that I was born in the U.S. and my mother was born in Poland but has since attained her U.S. citizenship.)

My mother is one of four children, one of whom is deceased. Her mother is still alive, but her health is slowly fading. Her father died almost 30 years ago, leaving behind a plot of land that is still in his name, my mom's sister now wants to put it in her name, though he did not leave a will. There are three living children: my mom, her sister (the one who wants legal right to the property) and her brother. The brother who passed away has two daughters who live in America.

As the understand the property laws in Poland, (1/4) of the land goes to mom's living mother and (3/4) is equally divided amongst my mom, her sister, her brother, and her deceased brother's daughters (who together make up one portion, correct?).

My grandmother does not have a will nor does she want to prepare one (for reasons that have no bearing to my question). In preparing for my grandmother's death, my mom's sister, my aunt, has attempted to have my mom relinquish her portion and sign it over to herself in order to retain majority claim over the land. However, my mom refused. She does not want any part of the land, but feels it should be split equally between her sister and brother--the two siblings still living in Poland. As I mentioned earlier, my deceased uncle's daughters live in America and will most likely assign their rights to my aunt.

We are told that if this matter is not resolved prior to my grandmother's death, it will become quite a process to have it settled by the courts. Is this true? I also have the following questions:

(1) Approximately how much will it cost to settle this matter in court?
(2) How long, on average, does it take to settle this in court?
(3) Will my mom have any legal claim to the property after her mom passes and, if so, will she eventually have to renounce her rights to the land?
(4) If she renounces her rights to the land, will her portion then be split equally amongst those who retain rights to the land?

Thank you so very much for any and all help with my question! I know it is rather involved, but unfortunately that is the situation.

Again, thank you and Happy New Year.

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Inheritance/Probate Law

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