The Walking (Legally) Dead

In 1986 Donald Miller Jr. disappeared from his home in Arcadia Ohio. Eight years later, Donald’s ex-wife Robin Miller requested a judicial declaration that Donald was deceased in order to seek social security benefits for their daughters. Under Ohio law there is a presumption of death when a person has disappeared and been continuously absent from the person’s place of last domicile for a five-year period without being heard from. In 1994, Ohio Probate Court Judge Allan Davis issued an order declaring Donald Miller Jr. legally dead.

In 2013 Judge Davis declared Miller still legally deceased although apparently alive. Miller reappeared in Ohio in 2005 and was informed by his parents that he was dead. Miller has lived with this status until recently when he decided he would like his Social Security card and driver’s license back and requested the court reverse the 1994 ruling. Miller testified that in 1986, he had a drinking problem, lost his job, left to look for work and drifted around for a number of years.

Ohio law allows the probate court to vacate a decree establishing the presumption of death if within three years satisfactory proof is presented that the decedent is in fact alive. Miller missed this time limit and so remains legally deceased.

Being among the walking dead, is not as unusual as one would expect. An average of 38 people a day are mistakenly entered into the Social Security Administration’s Death Master File. This erroneous declaration of death leads to severe hardship; rejected tax returns, closed bank accounts, it is impossible to get a mortgage or government benefits such as Social Security or a driver’s license.

In order to get the erroneous information removed from the Death Master File, the mistaken decedent needs to get a copy of their death certificate from the county clerk and recorder’s office and file for an amended certificate. This amended certificate must be presented to the local Social Security office along with a photo id and the Master File information should be corrected. However, prior to removal, personal information is available to the public, banks, credit bureaus and identity thieves.

Being legally dead may stop the government from issuing benefits or licenses but it is little deterrent for filing of criminal charges. In 2012 federal prosecutors in Louisiana charged Thomas Sanders with murder and stated they would seek the death penalty. Sanders was declared dead in 1994 after disappearing from Mississippi in 1987. Similar to Ohio statute Mississippi makes a presumption of death if any person is absent or conceals himself for seven successive years without being heard from. However, Mississippi does not have a time limit to amend death certificates. There is no indication that Sanders deceased status has created barriers for prosecution and being legally dead is the least of Sanders concerns so it is unlikely that steps to vacate the decree of death will be taken. Absence any effort to return Sanders to the status of living it is likely that Louisiana will execute a dead man. Perhaps it is possible to escape death and taxes but no one can escape prosecution.

Shawn Briggs-Seward