• Home
  • Mail
  • News
  • Finance
  • Sports
  • Entertainment
  • Search
  • Mobile
  • More
Yahoo
    • Skip to Navigation
    • Skip to Main Content
    • Skip to Related Content
    • Mail
    Advertisement

    Judge tells living man that he’s still legally dead

    Eric Pfeiffer
    Reporter
    ,
    The Sideshow•October 10, 2013

    Life can be tough, especially when a judge says you’re dead in the eyes of the law.

    That’s exactly what happened to Ohio resident Donald Eugene Miller Jr. on Monday when a judge upheld a 1994 court ruling declaring the 61-year-old legally dead.

    The Courier reports that 19 years ago, a court in Hancock County declared Miller legally dead eight years after he disappeared from his rental home.

    As a result, Miller has lost his Social Security number and his driver’s license.

    Judge Allan Davis called it a "strange, strange situation," but he also said the court cannot budge in its decision.

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

    Each state can make its own laws regarding declaring someone legally dead. Most generally rely on a similar set of criteria: that someone is missing and presumed dead if they can't be located for at least seven years, the absence has been continuous and a genuine effort has been made to locate the person.

    Miller said he is a recovering alcoholic and abandoned his rental home while in the throes of his addiction. He said he returned to the court as part of an effort to get his life back together.

    "It kind of went further than I ever expected it to," Miller told the court. "I just kind of took off, ended up in different places.”

    Technically, Miller can petition to have his Social Security number reinstated in federal court, but his attorney, Francis Marley, told the Courier that Miller does not have the financial resources to pursue a second hearing.

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

    His ex-wife, Robin Miller, asked for the initial death ruling so that Social Security death benefits could be paid to their two children. She reportedly declined to testify in court on Monday.

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

    Robin Miller says she opposed overturning the death ruling, because she would then have to pay back the federal government for the benefits she received and does not have the financial means to do so. Donald Eugene Miller reportedly owed her $26,000 in child support at the time of his “death.”

    Despite Miller’s efforts to come clean with the court, Davis said there is a three-year legal limit for reversing a death ruling.

    However, Miller said he wasn’t even aware of his legal “death” until his parents told him about it when he finally returned to Ohio in 2005.

    Our goal is to create a safe and engaging place for users to connect over interests and passions. In order to improve our community experience, we are temporarily suspending article commenting.

    What to Read Next

    • Candace Cameron Bure's 20-year-old son Lev gets engaged — see the ring!

      TODAY
    • Girl Scouts use money they earned selling cookies to make PPE for their elementary school

      Yahoo Life
    • Miley Cyrus Wore a Sheer, Super-Sexy Dress at the VMAs

      Marie Claire
    • Protester killed in Portland as mayor, Trump trade blame

      Associated Press
    • Trump Program to Cover Uninsured COVID-19 Patients Falls Short of Promise

      The New York Times
    • 'Dandy' famed for Regency-era outfits is now designing historical face masks: 'Masks are now becoming a fashion statement'

      Yahoo Life
    • Arizona student group slammed for raising money for gunman

      Yahoo News Video
    • Jockey Club boss resigns after evidence of bullying, racism

      NBC Sports
    • How a school teacher raised $1M for educators around the U.S. — with help from Khloe Kardashian, Lance Bass and Kamala Harris

      Yahoo Life
    • Terminator star Linda Hamilton's twin sister Leslie Hamilton Freas dies at 63

      Entertainment Weekly
    • Trump attacks Portland's mayor after deadly shooting

      Yahoo News
    • Did the NBA strike change sports forever?

      Yahoo News 360
    • 1 killed as Trump supporters, protesters clash in Portland

      Yahoo News Video
    • Bill Gates Offers Sentimental Birthday Gift to Close Friend Warren Buffett on His 90th Birthday

      People
    • Toni Braxton says she regrets 'not having more sex' when she was younger: 'My religious upbringing stopped me doing a lot of things that I should have done'

      Yahoo Celebrity
    • "His politics are appalling": Steve Mnuchin's family speaks out in disgust over his fealty to Trump

      Salon
    • A couple received an anonymous note calling their unpainted house an "eyesore," then they received over $48,000 to help with repairs

      INSIDER
    • People are tweeting about Amazon customer service reps 'flirting' in online chats

      Yahoo Life
    • Biden’s lead over Trump shrinks to 6 points after the RNC

      Yahoo News Video
    • Driver charged in violent crash that killed 2 boys, 7 and 10, in Juniata

      WPVI – Philadelphia
    • Sex workers blame Bella Thorne for changes at OnlyFans that harm their income

      NBC News
    • 'Deeply reckless': Critics slam leaked police memo about Breonna Taylor

      NBC News
    • Meghan Markle Was Apparently Disappointed Kate Middleton Missed Her Introduction to the Royal Family

      Marie Claire
    • Two conventions — one masked, the other mostly not — offer contrasting views on coronavirus

      Yahoo News
    • Yahoo News Network
    • Help
    • Privacy (Updated)
    • Suggestions
    • About our Ads
    • Terms (Updated)
    • Sitemap