The copyright in this case would be held by the subject of the portrait (unless she signed a model release form) so it will now be in the hands of her oldest descendant, in the absence of a will, and that is Mum (91).
Not in the USA. Copyright belongs to the person who took the photo or painted the portrait unless they have signed a contract to work for hire that transfers the copyright to the employer.
http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter0/index.html
and
http://www.editorialphoto.com/copyright/index.html
Tina
Tina Manley, ASMP www.tinamanley.com
http://www.pdiphotos.com http://www.workbookstock.com http://www.newscom.com http://www.americanphotojournalist.com
