Can you make somebody return something?

[MakingTheMostOfThings]

Extremely long story which I won't bother telling (unless someone asks) and it's probably outing but whatever!

My FIL passed away in the summer. DH's brother and SIL have been convicted of several counts of fraud and money-laundering where they stole thousands of pounds from FIL (who had dementia). Anyway, they have been dealt with by Crown Court (the brother is now in prison). The police have lodged S18 notices to them both in order to confiscate anything purchased using FIL's money

However, what has also happened is the SIL (who got a suspended sentence) and her family are keeping my FIL's personal things. I don't mean clothes and that, I mean ALL of his photos, his paperwork and also my late MIL's wedding dress(!). So far they've ignored DH's requests to return the items to him. Unfortunately DH's temper got the better of him today and the message he sent to one of the SIL's daughters was very "to the point" and he had a serious vent about what his brother and the wife have done. Now he's blocked from messaging

My poor DH has nothing from his Dad (or his Mum). He also literally has no photos of himself.

By the way, this is not about money. That side of things is completely out of our hands

Is there ANYTHING we can do?

Does anyone know?

I should add, we need FIL's Will in order to close his bank account etc (needs an executor) but DH's brother and family are blanking us on that one too

I would imagine you will need to get a solicitor involved and start the legal process

I really don't know what you can do but if I were you I'd go to a solicitor and ask for legal advice. Your poor husband.

When you say return them what do you mean exactly. They were owned by FIL. Did your husband inherit them? Is he FIL’s executor?

I feel your pain re the personal items. What is it about greedy people after death? My cousins 'asked' demanded the family photo albums after my grandparents' deaths Mum (executor) agreed and said she would cover the costs of getting copies made of any photos. They eventually returned the album with pages and photos torn out never to be seen again, almost no pictures of her and her deceased brother as children. Mum still devastated many years on

@Fleur405 - BIL's family are refusing to engage. BIL is in prison. We are 99.9% sure BIL held onto FIL's Will. I am fairly sure DH would be one of the executors (with BIL).

So, we need the Will for practical reasons, ie. closing FIL's bank account (the money in there is a back payment of his state pension - too long to explain). All the money is owed to the carehome where FIL lived.

But there are the photos as well. Apparently FIL had LOTS of photos and DH would love to get them back (as I said he literally has no photos of himself and none of his Mum who died over 40 years ago). It consumes him. I don't understand why BIL's wife and stepdaughter (there are other step-children but they aren't involved) are being so difficult.

Anything else would be, for example, FIL's army papers and sentimental type stuff.

Well I’m still not sure they need to be returned to your DH as such as they are not actually his and presumably his brother will say he has as much right to photos etc as your DH. Your DH really needs to speak to a solicitor - either there is a will in which case a court order requiring it’s production or there is not and your DH needs to start the steps required to be appointed as executor.

one avenue to look into is whether the items where taken from your FIL home before the will was executed. That might be theft.

@Fleur405 - Maybe his brother has just as much right (but not sole right) to the photos/papers etc but he's in prison now. So surely his wife and stepdaughter can't just withhold everything. They are all being very spiteful. Even if DH was able to copy everything would help

@LemonTT - FIL moved in with BIL then was put into a carehome. All FIL took with him to the carehome was his clothes - everything else (we assume) was left at BIL's.

They (BIL and his wife) are blanking our requests even for the Will

Now resigned to not getting the photos back for DH. Makes me feel terribly sad for him

Yes, I'm going to have to find a solicitor who can help. I've called one firm who were spectacularly unhelpful. The receptionist telling me (after I explained about the bank account needing to be closed with no Will etc) "Well, good luck with that" (in a tone that wasn't meant kindly)