Probate Litigation: Back from the Dead
Hancock County, Oct 08, 2013 – A man who appears of complete health and sound mind had left the Probate Court of Hancock County, OH. The only problem is this particular man had been declared dead some nineteen years ago. Unless you believe in zombies, his wife alleges a greater tale; one of perhaps an overwhelming lack of responsibility. Donald Eugene Miller Jr. is alive and well, despite his cancelled Social Security and Driver’s License. Back when he was legally acknowledged as alive, he was also a drunkard and had lost his job and income to child support. Afraid of what to do, he quietly disappeared from his Arcadia apartment and made no contact. Until now, when he finally returned home only to be informed by his parents that he was in fact, dead.
Donald Miller allegedly left the state to avoid paying his outstanding child support fees, according to his ex-wife, Robin. She claimed his death in order to afford their children, and as probate goes, his social security death benefits were awarded. While she may be feeling sympathetically towards his new demise, she makes note of his irresponsible actions that led him into this situation.
Donald is now attempting to retrieve what life he may have to live now, although it will prove more difficult than perhaps, having paid out his original fees and responsibilities. Stranger than a walking, living, breathing man who has been presumed dead for years, is that Honorable Judge Allan Davis ruled that he is still presumed dead as the three year legal limit to reverse a death ruling has long since passed. Resolving the situation may prove impossible for years to come.
Robin Miller did what she had to do; she hired her probate lawyer.
At The Law Offices of Vincent W. Davis & Associates, we are Probate and Trust Lawyers who handle all Probate and Estate Administration needs of our clients.
Probate means to prove. Losing a loved one is an emotional and difficult time for family and friends. Those left behind must then figure out how to legally transfer or inherit property from the loved one who has died. Unfortunately, in order to do this, you must usually go to court. You should contact a competent probate attorney to figure out whether you need to go to court or if your situation qualifies for a faster procedure.
In California, probate is a court-supervised process where the final will of a deceased person (decedent) is proved to be valid; where the provisions of the final will are given effect, where an executor is appointed, and where the decedent’s estate is distributed to named beneficiaries. If the decedent died without a will, the estate will be distributed to the decedent’s “next of kin” in accordance with California’s law of intestate succession.
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