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  1. #1
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    Jul 2011
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    You're still legally dead, judge tells Fostoria man

    Donald Eugene Miller Jr. walked out of Hancock County Probate Court on Monday as legally dead as ever.

    In 1994, the court ruled that Miller was legally dead, eight years after he disappeared from his Arcadia rental home.

    The same judge, Allan Davis, ruled Monday that Miller is still dead, in the eyes of the law.
    Miller said he would like to start his life again, or "whatever's left of it." He asked the court to reverse its 1994 death ruling so he can reinstate his canceled Social Security number and driver's license.

    The court said no.

    Miller may still be able to challenge the Social Security Administration in federal court. However, his attorney, Francis Marley, said Miller does not have the resources to do so.

    "My client's here on a wing and a prayer today," Marley said.

    Miller's ex-wife, Robin Miller, had asked for the death ruling so Social Security death benefits could be paid to their two children.

    Robin Miller opposed his request for a change in the death ruling, because she does not want to repay the Social Security benefits. She does not have the money, she said.

    Judge Davis referred to Donald Miller's case as a "strange, strange situation."

    "We've got the obvious here. A man sitting in the courtroom, he appears to be in good health," Davis said.

    Miller made a decision to leave the state to avoid paying child support, Davis said.

    But the three-year time limit on the death ruling is clear, Davis said.

    "I don't know where that leaves you, but you're still deceased as far as the law is concerned," Davis said.

    http://www.thecourier.com/Issues/201...013,Oct,08&c=n

  2. #2
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    Donald Eugene Miller Jr. walked out of Hancock County Probate Court on Monday as legally dead as ever.
    The walking dead are here, it's the zombie apocalypse now...


  3. #3
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    He lost my sympathy when I read that he "left the state to avoid paying child support." Karma is a ...b-word.

  4. #4
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    What a selfish pathetic little man!


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  5. #5
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    Nov 2010
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    Virginia
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    Quote Originally Posted by TrackerSam View Post
    Miller's ex-wife, Robin Miller, had asked for the death ruling so Social Security death benefits could be paid to their two children.

    Robin Miller opposed his request for a change in the death ruling, because she does not want to repay the Social Security benefits. She does not have the money, she said.

    http://www.thecourier.com/Issues/201...013,Oct,08&c=n
    HE should have to repay the SS benefits to help make up for the child support he skipped out on.

  6. #6
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    Quote Originally Posted by pomegranate View Post
    HE should have to repay the SS benefits to help make up for the child support he skipped out on.
    That would only be fair but, ironically, he can't. He's dead.

  7. #7
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    Jul 2012
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    It gives a whole new meaning to the term "deadbeat Dad".
    Every murderer is someone's old friend ... Agatha Christie

  8. #8
    Quote Originally Posted by Opie View Post
    He lost my sympathy when I read that he "left the state to avoid paying child support." Karma is a ...b-word.
    That's what the judge decided was the reason.

    Experience has taught me that everything said in a court of law is probably a lie or at best half-truth.

    Especially family court.
    Last edited by lil_buddy; 10-09-2013 at 12:01 PM.

  9. #9
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    Quote Originally Posted by Confusion View Post
    It gives a whole new meaning to the term "deadbeat Dad".
    Good one. I wonder if he murdered someone, could he be sentenced to life in prison and then released for "time served"? Only 2 ways to resolve this.
    1. Reverse the ruling. 2. Shoot him.

  10. #10
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    Sep 2009
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    He might be a deadbeat dad, but he isn't dead.
    So this ruling boggles my mind.
    Just my opinion


  11. #11
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    I can't see what the judge is muddled about. He's alive...reverse the ruling and make him pay the child support and repay SS. You gotta pay to play. Man up.

  12. #12
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    Nov 2008
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    Lol, this is a legal nightmare.

    It sounds like a Federal case to me. Don't know that it can be called SS fraud though, as the man was legally declared dead. It may take years to get it straightened out properly.

    Eventually, he will have to pay SS child support money back. I can't see SS waiving that because of the legal mistake, and I don't think he claim ignorance as a reason not to have to pay it back. Wonder how many other cases in the U.S. are in the books for case law rulings?

    So much for wanting his SS# back (and living status) so he can collect benefits, or any reason at all.

    I hope we keep getting updated on what occurs here, fascinating!

    Unless I have included a link, it is my opinion and only my opinion that I am expressing.

  13. #13
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    Jul 2011
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    I was wondering about that as well. He can't be the first person declared legally dead and then found to be alive.

  14. #14
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    Feb 2009
    Location
    Laguna Beach, CA
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    8,862
    After my dad died, my mom was declared dead twice by social security, it was a nightmare (and a vindictive clerk that did it both times, one time right in front of her supervisor). This though, how can the judge rule that?

  15. #15
    Join Date
    Aug 2012
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    JMO, but the judge's ruling keeps this man from paying back child support or paying back SS payments. How does that benefit anyone?

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