posted on October 23, 2009 07:06:28 PM new
I don't know HwaHwa. I can only take him so far, I like to think that there are compassionate souls at PayPal that, when presented with compelling evidence, can at least point him in the direction he needs to take to get the funds released. Bill's suggestion of corresponding via snail mail rather than email or phone takes some of the cyber out of it. I'm also going to suggest that he work with his local bank that is tied to PayPal to see if they can help them get the funds released to that account.
posted on October 23, 2009 09:11:05 PM new
pixiamom, since he is a meat cutter, he will probably need assistance assembling and writing the letter, etc.
I suggest a letter to PayPal, attesting to the death of his wife, their marriage, and the need for the unknown proceeds of her PayPal account. That should accompany the copies of the Death Certificate and Marriage License.
The letter should be notarized. They can do so at the bank.
Send the letter by Registered Mail.
Once again, a small reminder, that all it takes is a pen and paper to handwrite a simple will. A handwritten will is not the best. However, it is something. In fact, it could actually be the best thing you can ever leave behind for your loved ones.
posted on October 24, 2009 07:11:16 AM new
See,here is the problem-compassionate folks at PAYPAL or bank or any financial fidiciary,presented with compelling evidence?
The best is to contact some local agency in his town or newspaper and ask what is the best way to approach this?
Ask the newspaper to find out from Paypal how much is the balance before he proceeds to hire a lawyer or spend money to recover the fund.
There are also free legal clinic manned by law students or junior lawyers or ambulance chaser,I tried it once,they are horrible,but it may give him some idea .
What does she sell off Ebay to accumulate 9k and why did she not download any of that 9k to her bank account,it sounds like they could use the money.
BTW,someone suggested the bank which is linked to her Paypal account speak up,is this person smoking funny cigarette?
*
There is no 'Global savings glut',only wild horses and loose bankers.
posted on October 24, 2009 07:28:50 AM new
Maybe these folks can help him - surely he would qualify for assistance: http://www.lawhelp.org/program/694/index.cfm
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posted on October 24, 2009 12:56:32 PM new
1) Legal Aid - he'd qualify if he is low income as you indicate from his limited hours.
or
2) Buy Pre Paid Legal for $18 a month. Have them write Paypal a letter. While he is at it, he can also have them do a will, which is included in the cost of Pre Paid Legal.
If Paypal gives him problems, file a complaint to the Attorney General or State Attorney where he lives. Also file a complaint with the BBB.
Oftentimes, it takes turning the screws a little tighter for them to budge. The last thing Paypal will want is a State Attorney investigating them.
posted on October 24, 2009 02:30:45 PM new
When the wife died an estate was created - by law. The law requires that her estate be probated.
The Probate Court has the duty to determine assets, liabilities, plus any taxes that may be due. Further, the court is required to determine if there is a will, search for relatives or heirs, and disburse the remaining proceeds of the estate, as determined by the decedent's will.
If there is not a will, or one cannot be located, the court has the power to determine distribution. Further, the court appoints an attorney to oversee the estate. That attorney is compensated from the estate.
Now, pixi's friend can do as some have recommended, and seek out an attorney, free or otherwise. When he does, the attorney as an officer of the court is bound by law to seek out probate. And, the attorney would be compensated from the wife's estate, along with the probate attorney appointed by the court.
Apparently, there is not a will, nor has there been a probate of the estate. If there was, the PayPal funds would have been discovered, creditors paid from the proceeds, and the remainder disbursed to heirs.
Try the simple route first. Write the letter, provide documentation, notarize, register the mail, and hope for the best. Then seek out legal help, if all else fails.
posted on October 24, 2009 06:14:40 PM new
Thank you Bill,I was hoping someone will show up and explain how 'probate' works.
I still think he should contact the local newspaper first ,there must be some kind of ask Ann Landers column which love to tackle this issue-poor widower left with 2 kids,wife worked hard and sold on internet , left behind a 'fortune' locked up by evil Ebay/Paypal,there are bills to pay and the poor father work schedule has just been cut from 40 to 15 hours a week,how is he supposed to meet his obligations??
The last thing Ebay/Paypal need is this kind of publicity,the least they can do is to tell them how much fund is in her account and unlock the account so they can download it to her/his joint bank account!
If she has been with Paypal long enough and the bank account has been linked with her Paypal account long enough and there is evidence that she has been downloading fund in the past,her heirs should have access to the fund ,with the newspaper involved,they should feel comfortable they are dealing with a real family with real faces and documents.
Unless Paypal think the newspaper is also a hoax?
*
There is no 'Global savings glut',only wild horses and loose bankers.
posted on October 24, 2009 10:22:23 PM new
PayPal is not being evil.
Anyone can step up and say "hey! my spouse died and I need to get the funds out of his/her account so just hand it over because I'm entitled." It would be naive of anyone to think PayPal would do just that.
PayPal needs to follow the rules, two of which are to prove the account holder died and to prove that the claimant really is entitled. These aren't PayPal's private little "let's harass the bereaved" rules; no, they're The Law. The Law (and the rules) exist to protect account holders, dead or alive, from fraud.
The average customer service drone isn't going to be able to just tap a few keys and free up the funds. Neither is his supervisor. The matter needs to go to the Legal Department. Like I said a couple days ago, this can't be the first time this has happened. There's probably someone sitting a cubicle somewhere whose job duties include just this scenario.
There's no need to alert the media or Ann Landers. Just WRITE A LETTER to PayPal's legal department and see what they have to say. I bet they have some paperwork he'll have to fill out and return with a copy of her death certificate. No probate. No media. No need to make a federal case out of something that probably really isn't one.
Also, if the extent of her estate is what may or may not be in her Paypal account, he can probably make a "spousal property petition" rather than going through probate. Cheaper, faster, and he likely won't need an attorney. An estate of -maybe- $9k generally isn't subject to probate, not even in California.
posted on October 25, 2009 06:19:49 AM new
Sounds good,I understand Paypal has seen cases like this before and should act according to the law.
But one question-why do they lock up her account just because someone who claimed to be her spouse would like to know how to access her account??
It seems Paypal customer service does not realise there is no power of attorney if the person is dead?? and the supervisors should have referred him to the legal dept in the first place?
Or may be Indian law is different?
*
There is no 'Global savings glut',only wild horses and loose bankers.
I'll add that if you would rather not pay for an attorney, or are scared of them, - you can always hand write a will, sign your hand written will, and put the will in a place where someone can find it. A hand written will or holographic will is better than nothing.
Although the following is not from a legal source, the explanation will serve this post.
posted on October 31, 2009 09:13:44 PM new
Thanks, Bill. I hired an attorney to write a simple will ten years ago, before a surgery. I think it cost me $60. It will do in a pinch, but I probably should update it.
