You're still legally dead, judge tells Fostoria man

Discussion in 'Bizarre and Off-Beat News' started by TrackerSam, Oct 9, 2013.

  1. TrackerSam

    TrackerSam New Member

    Messages:
    4,278
    Likes Received:
    0
    Trophy Points:
    0
    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
     
  2. Loading...


  3. Donjeta

    Donjeta Adji Desir, missing from Florida

    Messages:
    19,248
    Likes Received:
    4
    Trophy Points:
    38
    The walking dead are here, it's the zombie apocalypse now...

    :panic:
     
  4. Opie

    Opie Well-Known Member

    Messages:
    92,404
    Likes Received:
    66
    Trophy Points:
    48
    He lost my sympathy when I read that he "left the state to avoid paying child support." Karma is a ...b-word.
     
  5. Linda7NJ

    Linda7NJ New Member

    Messages:
    30,906
    Likes Received:
    3
    Trophy Points:
    0
    What a selfish pathetic little man!


    Sent from my iPhone using Tapatalk - now Free
     
  6. pomegranate

    pomegranate Member

    Messages:
    472
    Likes Received:
    0
    Trophy Points:
    16
    HE should have to repay the SS benefits to help make up for the child support he skipped out on.
     
  7. TrackerSam

    TrackerSam New Member

    Messages:
    4,278
    Likes Received:
    0
    Trophy Points:
    0
    That would only be fair but, ironically, he can't. He's dead.
     
  8. Confusion

    Confusion Well-Known Member

    Messages:
    4,065
    Likes Received:
    593
    Trophy Points:
    113
    It gives a whole new meaning to the term "deadbeat Dad".
     
  9. lil_buddy

    lil_buddy Inactive

    Messages:
    2,800
    Likes Received:
    0
    Trophy Points:
    0
    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.
     
  10. TrackerSam

    TrackerSam New Member

    Messages:
    4,278
    Likes Received:
    0
    Trophy Points:
    0
    :floorlaugh: 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.
     
  11. jjenny

    jjenny Well-Known Member

    Messages:
    25,804
    Likes Received:
    38
    Trophy Points:
    48
    He might be a deadbeat dad, but he isn't dead.
    So this ruling boggles my mind.
     
  12. TrackerSam

    TrackerSam New Member

    Messages:
    4,278
    Likes Received:
    0
    Trophy Points:
    0
    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. :waitasec: You gotta pay to play. Man up.
     
  13. 21merc7

    21merc7 New Member

    Messages:
    10,491
    Likes Received:
    1
    Trophy Points:
    0
    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!
     
  14. TrackerSam

    TrackerSam New Member

    Messages:
    4,278
    Likes Received:
    0
    Trophy Points:
    0
    I was wondering about that as well. He can't be the first person declared legally dead and then found to be alive.
     
  15. Charlie09

    Charlie09 Former Member

    Messages:
    8,862
    Likes Received:
    0
    Trophy Points:
    0
    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?
     
  16. MissJ

    MissJ New Member

    Messages:
    2,844
    Likes Received:
    0
    Trophy Points:
    0
    JMO, but the judge's ruling keeps this man from paying back child support or paying back SS payments. How does that benefit anyone?
     
  17. musicaljoke

    musicaljoke Well-Known Member

    Messages:
    2,524
    Likes Received:
    214
    Trophy Points:
    63
    If his wife shoots him dead, will she be charged with ... anything? :/
     
  18. Linda7NJ

    Linda7NJ New Member

    Messages:
    30,906
    Likes Received:
    3
    Trophy Points:
    0
    I like the way you think!


    Sent from my iPhone using Tapatalk - now Free
     
  19. jadejazzkayla

    jadejazzkayla Active Member

    Messages:
    2,121
    Likes Received:
    0
    Trophy Points:
    36
    I was wondering,
    if he shot someone, how would he be charged?
     
  20. BeginnersLuck

    BeginnersLuck New Member

    Messages:
    4,005
    Likes Received:
    0
    Trophy Points:
    0
    Interesting information about this issue in the article

    http://www.straightdope.com/columns/read/2253/what-happens-when-someone-legally-dead-shows-up-alive

    Presumption of death law in Ohio

    http://codes.ohio.gov/orc/2121

    http://www.slate.com/articles/news_...legally_dead_what_if_she_s_really_alive_.html

    Ha! Ha! It doesn't say his wife was charged for shooting him but he did get a settlement from her.
     
  21. TrackerSam

    TrackerSam New Member

    Messages:
    4,278
    Likes Received:
    0
    Trophy Points:
    0
    I think so, something about tampering with a corpse.
     

Share This Page

  1. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register.
    By continuing to use this site, you are consenting to our use of cookies.
    Dismiss Notice