You're still legally dead, judge tells Fostoria man

[JonLP24]

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's request for a reversal came well after the three-year legal limit for changing a death ruling, Davis said.

<snip>

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.

http://www.thecourier.com/Issues/2013/Oct/08/ar_news_100813_story2.asp?d=100813_story2,2013,Oct,08&c=n

[hootinholler]

1. Did he consult the Lollypop Guild?

I thought not.

[sarisataka]

12. Apparently he is not

most sincerely dead

[deurbano]

14. LOL!

[Savannahmann]

23. Perhaps he could consult with Miracle Max.

He may only be Mostly Dead.

[enlightenment]

2. So,

if you are legally dead, can you go out and commit crimes and not be charged? I mean, you're dead, right?

[Myrina]

4. You're also not liable for any debts you ring up ...

or for paying taxes ....

[BlueToTheBone]

18. On a more mundane level, you can't do much of anything

without some sort of id...no driving, no working, no SS, no bank accounts. Yikes that sounds hard.

[enlightenment]

19. I agree.

It is an awful situation. It just got me thinking about what someone in that sort of netherworld could do . . . it's clear what they can't really do in our modern, ID'd and verified world - live.

[BlueToTheBone]

20. I guess if you could get there

a deserted island would be ideal. If you wanted to be in retreat for the rest of your life.

[jberryhill]

21. He has ID - a death certificate

If a birth certificate works, then why not a death certificate?

[NYC Liberal]

27. Heh. At least you could have some fun while getting

things sorted out!

[BlueToTheBone]

42. Well, it might be hard to convince as most dead people

lie down and don't move again.

[jeff47]

38. Why not?

What are they going to do to you if you're driving without a license? They can't arrest a dead person.

[oneshooter]

46. Sounds to me like the ultimite "off the grid life"...........

...er I mean "afterlife"?

[BlueToTheBone]

47. lol

[hughee99]

29. Or someone could kill him.

You can't re-kill a dead person. If he has sex, someone could end up facing charges of necrophilia (or whatever the actual legal term for it is).

[enlightenment]

37. A very bizarre situation.

Sort of "Princess Bride" in a not very funny way.

[roamer65]

39. You're reading my mind...lol.

Bet if he were to rob a bank, all of a sudden he'd be "alive" again.

[TeamPooka]

44. Or have any sort of income the IRS would want a part of. Nt

[Myrina]

3. Fuuu .... can you imagine having a clean slate to be whoever you want to be?

Aw man ... give me a suitcase full of money, a plane ticket and a fresh identity ...

[djean111]

5. Sure - but can he do that?

How can he get a new SS number if he is legally dead? Is that possible?
In this country, he will be prevented from doing all kinds of things that depend on a good credit record, too - and how to start one if no usable SS number?
Hopefully there is some sort of remedy for this.

[Myrina]

7. You don't know any people in low places, do you?

What makes you think he'd want to stay here (I sure as hell wouldn't!!) ?

A variety of documents is available - many online - for the right price and when dealing with the right unsavory people.

Ever had a fake ID for underage drinking purposes?

[djean111]

13. I admit I had not thought of that!

Fake ID? When I was eighteen, and working, living in Philly, we used to go "down the shore" - Ocean City, usually, because it was dry, and Wildwood if anyone in the group had a fake ID. Only took one friend calling in the middle of the night because the police in Wildwood had blocked all exits to a club and made anyone whose ID looked borrowed or faked sign their name or whatever, and pop them into jail.
There was a lot of pressure when I turned 21 for me to lend out my driver license, but I would have gotten into trouble if the license showed up in a raid, so nothing doing.

[rhett o rick]

30. The funny part is he couldnt be prosecuted for having a fake ID. How could they prove it.

LOL>

[AZ Mike]

6. Sounds like the makings of....

....a new crime novel.

If he's dead, he can't be prosecuted.

[jberryhill]

8. What is a "Fostoria man"?

I assume this is a reference to a place name of some sort. Perhaps in one of the many US states having a "Hancock County", whichever one of those it might be.

[JonLP24]

11. One in Ohio, I think

http://en.wikipedia.org/wiki/Fostoria,_Ohio

[jberryhill]

9. The Zombie Apocalypse continues

[bananas]

25. He's the first legally recognized zombie. nt

[LiberalEsto]

10. Maybe he should go get born-again nt

[SheilaT]

15. I read the article and it's an interesting situation.

It was his wife who had him declared legally dead after 8 years and no contact, so she could get social security benefits for their children. That's understandable. He also had no contact with anyone for a very long time.

I wonder if he can't just apply for a brand new social security card, as if this were his first time ever. I'm guessing his personal information would simply point the ssa back to his original account, which of course shows him dead.

[Sheldon Cooper]

24. I saw a tv show once, a true story, about a woman whose husband up and

disappeared from the face of the earth. After the required interval, she had him declared legally dead so she could collect SS and survivor benefits for her kids. Lo and behold, some years later he turns up out of the blue. The social security administration tried to get her to repay all the money she'd received over the years because, after all, her husband was not dead.

[Silver Swan]

40. The Social Security Administration

may reopen a case at any time if a person they determine dead is later found to be alive. SSA does give great weight to a court finding of death, but it is not controlling.

[Savannahmann]

16. Instead of an identification, he should carry a copy of this Judge's order written up.

Then whenever the police stop him, just hand over the legal documents that say he's dead, and the Judges decision that he is still dead. Granted, he'd spend a lot of time in jail while the cops tried to figure out how to beat a confession out of a dead man, but it would be amusing.

[hughee99]

28. I don't think they're allowed to keep dead bodies in jail. n/t

[surrealAmerican]

17. He could change his name to ...

...Hotblack Desiato?

Why is there a "three-year legal limit for changing a death ruling"?

[rhett o rick]

31. The three year limit is to keep the courts from being overrun by people trying to

change their death ruling. It's anticipated there would be a glut of 2 per year.

[jberryhill]

34. Finality in financial transactions

There has to be some time limit at which a financial or property transaction premised on the death of the person is not subject to any claim or dispute.

Figure, you inherit a house and sell it. The title insurer has to know when their potential obligation expires.

[rhett o rick]

35. With respect, I prefer my explanation. nm

[longship]

33. ROFL!

I see what you did there.

[PoliticAverse]

22. Another example I guess of why Justice is blind...

[TeamPooka]

45. Anyone else have a problem that it's the same judge there19 years later?

[Catherine Vincent]

48. That is a coincidence

This guy shouldn't buy any lotto tickets. He wouldn't be able to cash them in if he wins (big).

[TeamPooka]

49. When he wins the lotto is the exact moment when the IRS will raze him from the grave

[gopiscrap]

26. WTF

but at least then he shouldn't have any bills

[rhett o rick]

32. If I was him I'd take out a big life insurance policy and then use the judges ruling to collect.

lol

[rhett o rick]

36. It's a bit ironic. Some struggle to get off the grid, and here is a guy completely

off the grid and he wants back. Human nature.

[Warren DeMontague]

41. "You're still deceased as far as the law is concerned" - that's the Judge's quote.

Well, the law doesn't arrest dead people, or charge them with crimes. What if he decides to go on a bank-robbing spree?

[TeamPooka]

43. The wife clearly knew he was still alive and declared him dead for the money

Since his parents knew he was alive