An Ohio man who was declared legally dead after disappearing nearly 30 years ago cannot be declared alive again, despite returning home in good health, a judge has ruled. Donald Miller, 61, fled his home in 1986, leaving behind his wife and two children, and was declared dead in 1994. He reappeared in 2005 but only recently sought to overturn the death ruling.
Judge Allan Davis of Hancock County Probate Court ruled on Monday that state law prevents overturning a death declaration after three years. “We've got the obvious here. A man sitting in the courtroom, he appears to be in good health,” Davis said, adding, “I don't know where that leaves you, but you're still deceased as far as the law is concerned.”
Miller testified that he left home after losing his job. By 1994, his unpaid child support exceeded $25,000, and his family had no contact from him. His wife, Robin, received Social Security death benefits to support their children after the declaration.
Because Miller remains legally deceased, his ex-wife is not required to repay those benefits. Her lawyer stated she was “satisfied” with the ruling and held no ill will toward Miller. Miller expressed surprise at the situation, saying, “It kind of went further than I ever expected it to.”
Miller has 30 days to appeal the probate court decision and may also challenge the Social Security Administration in federal court.
