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40ish and beyond... 40ish and beyond...

Ohio man remains dead

Posted by on Oct. 9, 2013 at 3:26 PM
BL
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Living, breathing man will remain dead in the eyes of Ohio law

(CNN) -- An Ohio man who has been legally dead since 1994 will remain so in the eyes of the law after losing his complaint to overturn his death filing, according to authorities.

Donald Miller, 61, testified Monday that he disappeared in 1986 after losing his job, leaving behind a wife, two children and thousands of dollars of unpaid child support, according to James Hammer, the attorney for Miller's ex-wife, Robin Miller. He was declared legally dead eight years later.

Donald Miller said he returned to Ohio "around 2005" with no knowledge of his legal death, and that he had hoped to reestablish his Social Security number.

A legal statute in Ohio prevents changes to death rulings once three years have passed, Hammer told CNN, and Judge Allan Davis ruled accordingly in Hancock County Probate Court.

"In over 40 years, I've never come across a case like this," the judge told CNN.

"In the end though, because of the statute, it was a pretty open-and-shut case."

Hammer recounts that at the time of Donald Miller's legal death in 1994, he owed Robin Miller around $25,000 in child support, a matter which could have been complicated had the judge ruled in Donald Miller's favor on Monday. Following the 1994 ruling, Hammer said, Robin Miller began receiving Social Security death benefits to support her two children.

In over 40 years, I've never come across a case like this. Judge Allan Davis, Hancock County Probate Court

"There could have been the possibility that my client would have to pay back what she received from Social Security," Hammer said.

"We certainly did not want to open that door, so we're satisfied with the outcome."

Despite her relief at the court's ruling, Hammer says his client has no ill will toward her ex-husband.

Donald Miller's attorney was not immediately available for comment Wednesday. He still has 30 days to appeal the court's ruling, according Judge Davis.

by on Oct. 9, 2013 at 3:26 PM
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Replies (1-10):
ALolies
by Red Room Rebel on Oct. 9, 2013 at 3:33 PM
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Why would he appeal. If he is found to be "alive" and the ex has to repay social security, she can then sue him for back child support. Can you imagine the interest on $25,000 for that many years?

BL2010
by BL on Oct. 9, 2013 at 3:34 PM
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I wonder where/what he's been doing and how he's been living all these years without using his SS#.

Quoting ALolies:

Why would he appeal. If he is found to be "alive" and the ex has to repay social security, she can then sue him for back child support. Can you imagine the interest on $25,000 for that many years?


jdy9440
by on Oct. 9, 2013 at 5:18 PM
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Wow, that's crazy ! 

dana63
by Momma of 40ish on Oct. 9, 2013 at 5:25 PM
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 This is crazy...

KW1280
by Silver sister on Oct. 9, 2013 at 5:27 PM
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Yes


Quoting dana63:

 This is crazy...


coolmommy2x
by Silver sister on Oct. 9, 2013 at 5:27 PM
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What a bizarre story!
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looneymom424
by on Oct. 9, 2013 at 5:56 PM
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What a bizarre story

opinionatedmom
by Gold sister on Oct. 9, 2013 at 6:29 PM
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I don't know how he survived. My aunt was declared dead when she was alive, they froze all of her assets and it too 6 months to clear it up. If her husband hadn't been alive she would have been. Screwed.s
Maida265
by Spanking the Monkey on Oct. 9, 2013 at 6:31 PM
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 Unbelievable!

atlmom2
by Susie on Oct. 9, 2013 at 9:38 PM
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They declared my mom dead for 3 months. No insurance or SS checks. Lucky she wasn't sick and had money. 10 or more times to the SS office to get it straightened out. Push the wrong button, you are dead. Happens way more than people realize.
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