Q: Is the sole survivor of a family entitled to all family photos now distributed to 2nd and 3rd generation family members?
family album pictures saved over the years are now in possession of nieces and nephews. as the sole survivor of my family, do I have a legal right to these pictures, many of which I have only a memory about. And if so, what could I do to get them back? Included from memory are pictures of my Italian Grandfather and Grandmother, as well as pictures of my siblings and me?
A: The question is who had the pictures originally. If it was your parents then you may be entitled to them, if the pictures were in someone else's possession and was given by them to the nieces & nephews then you have no claim. The best thing to do is ask for copies of the pictures be made for you.
A: This is a difficult question to answer without more detailed facts, such as who owned the photos, how did the nieces and nephews come into possession, did the previous owner of the photographs have a will? Legally, photographs are personal property, no different than furniture or a television. They will pass to an heir in accordance with the deceased's last will and testament or in accordance with the laws of intestacy.
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