You're still legally dead, judge tells Fostoria man

 

By RYAN DUNN

staff writer

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.

Miller, 61, now of Fostoria, spoke softly in court and offered few details
about his past. 

Miller said he was an alcoholic who was unsure what to do after losing his
job. 

"My paycheck was being taken away from me and I had nothing left," he said.

"It kind of went further than I ever expected it to," Miller said. "I just
kind of took off, ended up in different places," he said.

He said he briefly worked odd jobs in Atlanta and Marathon, Fla., after
leaving Hancock County sometime before 1990.

His parents informed him of his "death" upon his return to Ohio in about
2005, he said.

Miller told Judge Davis he neither sought alcohol treatment nor contacted
his children in the time after he left.

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.

The court said no.

Miller may still be able to challenge the Social Security Administration in
federal court. However, his attorney, Francis Marley, said Miller does not
have the resources to do so.

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

Miller's ex-wife, Robin Miller, had asked for the death ruling so Social
Security death benefits could be paid to their two children.

Donald Miller was last reported in Arcadia around 1986 and was declared dead
in 1994, she has said.

Robin Miller declined to testify on Monday. 

She said after the court hearing that Donald Miller left the state with
hefty child support bills. He was scared of a jail term, she said. 

He owed about $26,000 in overdue child support by 1994, she has said.

Robin Miller opposed his request for a change in the death ruling, because
she does not want to repay the Social Security benefits. She does not have
the money, she said.

Robin Miller said it would be fine if his Social Security number was
reinstated. She said she sympathizes with him, but points to his decisions.

Judge Davis referred to Donald Miller's case as a "strange, strange
situation."

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

Miller made a decision to leave the state to avoid paying child support,
Davis said. 

But the three-year time limit on the death ruling is clear, Davis said.

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

Dunn: 419-427-8417

Send an e-mail to Ryan Dunn
<http://www.thecourier.com/directory/v2/Contact.asp?EmployeeID=223> 

 

           Thé Mulindwas Communication Group
"With Yoweri Museveni and Dr. Kiiza Besigye Uganda is in anarchy"
           Kuungana Mulindwa Mawasiliano Kikundi
"Pamoja na Yoweri Museveni na Dk. Kiiza Besigye Uganda ni katika machafuko"

 

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