This article is from the source 'bbc' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at http://www.bbc.co.uk/news/world-us-canada-24486718
The article has changed 5 times. There is an RSS feed of changes available.
Version 1 | Version 2 |
---|---|
Living Ohio man Donald Miller ruled 'legally dead' | Living Ohio man Donald Miller ruled 'legally dead' |
(about 1 hour later) | |
A US man declared dead after he disappeared nearly three decades ago cannot now be declared officially alive, though he has returned home and is in good health, a judge has ruled. | A US man declared dead after he disappeared nearly three decades ago cannot now be declared officially alive, though he has returned home and is in good health, a judge has ruled. |
Donald Miller of Ohio left behind a wife, two children and significant debt when he fled his home in 1986. | Donald Miller of Ohio left behind a wife, two children and significant debt when he fled his home in 1986. |
He was declared legally dead in 1994, then re-emerged in 2005 and attempted to apply for a driving licence. | |
A judge this week found death rulings cannot be overturned after three years. | A judge this week found death rulings cannot be overturned after three years. |
Judge Allan Davis handed down the ruling in Hancock County, Ohio, probate court on Monday, calling it a "strange, strange situation", according to media reports. | Judge Allan Davis handed down the ruling in Hancock County, Ohio, probate court on Monday, calling it a "strange, strange situation", according to media reports. |
"We've got the obvious here. A man sitting in the courtroom, he appears to be in good health,'' he said, finding that he was prevented by state law from declaring Mr Miller legally alive. | "We've got the obvious here. A man sitting in the courtroom, he appears to be in good health,'' he said, finding that he was prevented by state law from declaring Mr Miller legally alive. |
"I don't know where that leaves you, but you're still deceased as far as the law is concerned." | "I don't know where that leaves you, but you're still deceased as far as the law is concerned." |
'Surprise' | 'Surprise' |
Mr Miller, 61, testified that he fled his home in 1986 after he lost his job, leaving behind his wife, Robin, and two children. | Mr Miller, 61, testified that he fled his home in 1986 after he lost his job, leaving behind his wife, Robin, and two children. |
By 1994, Mr Miller's back child support payments amounted to more than $25,000 (£15,646) and the family had heard no word from him. | By 1994, Mr Miller's back child support payments amounted to more than $25,000 (£15,646) and the family had heard no word from him. |
With Mr Miller declared dead, his "widow" was entitled to Social Security death benefits to support their children. | With Mr Miller declared dead, his "widow" was entitled to Social Security death benefits to support their children. |
As Mr Miller remains legally deceased, Ms Miller is not obligated to return those funds to the government. | As Mr Miller remains legally deceased, Ms Miller is not obligated to return those funds to the government. |
It remains unclear if she would have been able to collect back child support had he been declared living. | It remains unclear if she would have been able to collect back child support had he been declared living. |
Ms Miller's lawyer said his client was "satisfied" with the ruling on Thursday, and did not harbour ill will toward her ex-husband. | Ms Miller's lawyer said his client was "satisfied" with the ruling on Thursday, and did not harbour ill will toward her ex-husband. |
Mr Miller's "death" came as a surprise to him when he re-emerged in 2005. He was later told of the matter by his parents. | Mr Miller's "death" came as a surprise to him when he re-emerged in 2005. He was later told of the matter by his parents. |
"It kind of went further than I ever expected it to," Mr Miller told the media. "I just kind of took off, ended up in different places." | "It kind of went further than I ever expected it to," Mr Miller told the media. "I just kind of took off, ended up in different places." |
Mr Miller has 30 days to appeal the Ohio court's ruling, and may be able to challenge the US Social Security Administration in federal court, according to media reports. | Mr Miller has 30 days to appeal the Ohio court's ruling, and may be able to challenge the US Social Security Administration in federal court, according to media reports. |