Mar 18 • 13:15 UTC 🇵🇱 Poland Rzeczpospolita

He sold the apartment of the deceased and must settle it

A court case is underway regarding the sale of a deceased woman's apartment in the USA and the subsequent inheritance division among her children.

The case involves a woman who, while seriously ill and aware of her impending death, decided to sell her apartment in the United States and move back to Poland. She granted her brother in the U.S. power of attorney to sell the property, after which she returned to Poland and passed away four months later. Her three children inherited her estate equally, raising questions about the legitimacy and handling of the sale by the brother.

The Supreme Court is set to clarify whether courts must always determine the shares of spouses' joint assets during inheritance proceedings, particularly in the context of parental estates. This decision will have significant implications on how similar cases are adjudicated, especially concerning the assets sold prior to a parent’s death.

The brother sold the apartment for $52,000 about a month before the woman died, but after deductions related to the sale, only $44,000 remained. Interestingly, the court, in its previous ruling on the inheritance, did not consider the proceeds from the apartment sale as part of the deceased's estate, which adds complexity to the ongoing legal dispute over the rightful distribution of assets among the heirs.

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