TrackerSam
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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/20...13_story2.asp?d=100813_story2,2013,Oct,08&c=n
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/20...13_story2.asp?d=100813_story2,2013,Oct,08&c=n
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