Obtaining copies of old family photos from estranged sibling

[PurpleOwl333]

Good afternoon all,

When my grandmother died, all her personal items, photos etc were passed on to my mother. When my mother died she gave power of attorney to a sibling, so I presume all photos etc my mother had would have become the sibling's property.

I'm wondering if there's a way of either recovering originals or getting copies of family photos held by said sibling.  The sibling and I severed ties many years ago.

I'm wondering if perhaps a family law solicitor might know of a way?

Any help/advice gratefully received.

Thanks in advance.

[lizdb]

The photos would legally belong to whoever your mother left her personal effects to in her will.

Obviously I dont know the circumstances of the estrangememt from your sibling, but before bringing a solicitor into it, can you not just write to him/her, saying you know that you and he/she have gone their different ways for whatever reasons, but the fact is you did share the same mother, and therefore you wondered if he/she still had family photos, being the family you and he/she shared, and whatever your differences it is still family that you share - and if so if he/she could be so kind as to let you have some of them, or copies of them?

[Pheno]

Power of attorney is nothing to do with who gets what after a death, in fact it ceases at point of death and cannot be used thereafter.

POA is simply to do with admin and decisions whilst the person is alive.

Do you know if there was a will which contained wishes about personal possessions, otherwise laws of intestacy would apply.

However, after all this time old photos might no longer exist.

Pheno

[groom]

I agree with Liz. Which country are we talking about?

When my mother died she gave power of attorney to a sibling, so I presume all photos etc my mother had would have become the sibling's property.

Not necessarily. In the UK power of attorney is given to someone usually long before a person dies, so that they can manage affairs and money if the person is unable to for any reason. It doesn't mean that they automatically inherit from that person (POA can be given to a solicitor and obviously they wouldn't inherit.)

You need to find out what your mother said in her will - if she left everything, including her personal belongings to your sibling, then as Liz says the best thing is to write to them and ask. I don't think there would be any point involving the law, as I can't see there would be anything they could do. However, if her will says it had to be shared and it hasn't then you need to contact a solicitor for advice.

If you are in the UK you can check here to see if she left a will  https://www.gov.uk/search-will-probate    If she died intestate you also need to seek advice as you would be entitled to an equal share.

Be prepared for disappointment though, as if your sibling isn't interested in Family History, they may well have destroyed them when they cleared the house.

[PurpleOwl333]

Thanks for replies all.

I agree liz, that would be the better way to go. Unfortunately the circumstances are such that I'm absolutely certain a response would not be forthcoming.

Thank you Pheno, I was under the impression that POA continued after death as sibling arranged funeral etc (and changed the date once they discovered I knew about it). Perhaps my mother named them next of kin as she was widowed.

I know my mother did make a will but I've not seen it, and it isn't coming up on the search from the gov.uk site.

My mother died 2 years ago so, if kept, the photos should still be available.

Thanks groom, we're talking about the UK.

It's sounding like my next step is to look into finding her will.

[lizdb]

Yes definitely.

As has been said, POA ceases on death. If there was a Will, it would be the executor named in the Will whose responsibility it would be to collect in all the estate and ensure it was distributed according to the instructions within the Will. The executor may be someone completely different to the person who had POA during the persons life.

[Girl Guide]

Was it this site you were using to search for a will?

https://probatesearch.service.gov.uk/#wills

When you have found the name, the end column says add to basket.  You can then order a copy of the will.  I think it is £10 but not positive about that.

[Jebber]

Was she likely to have left a sizeable estate, because if her estate was only  small there would be no need for the will to go to probate, if that is the case it won’t show up in the Probate search,

[PurpleOwl333]

Yes definitely.

As has been said, POA ceases on death. If there was a Will, it would be the executor named in the Will whose responsibility it would be to collect in all the estate and ensure it was distributed according to the instructions within the Will. The executor may be someone completely different to the person who had POA during the persons life.

Ah, I see, I was confusing POA with executor, said sibling was both I believe.