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October 28, 2013 posted by Steve Brownstein
An Ohio man who was declared dead after disappearing in 1986 cannot now be declared officially alive.
A judge found that three years after a person has been declared dead the rulings cannot be overturned if that person reappears. Donald Miller lost his job in 1986 and ran off, leaving his wife and two children.
He was declared as legally dead in 1994, but turned up in 2005 and tried to apply for a driving license.
Judge Allan Davis sitting in Hancock County, Ohio, probate court last Monday said:
"We've got the obvious here. A man sitting in the courtroom, he appears to be in good health. "I don't know where that leaves you, but you're still deceased as far as the law is concerned."
Judge Davis found that he was prevented from declaring Mr Miller legally alive due to state law and called it a "strange, strange situation."
Mr Miller's wife, Robin, had applied to have him declared legally dead so she could register for Social Security payments for their two daughters.
Mr Miller said his "death" was a surprise when his parents told him after his reappearance in 2005. Adding: "It kind of went further than I ever expected it to, I just kind of took off, ended up in different places."
He has 30 days to appeal against the court's ruling.
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