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Thread: You're still legally dead, judge tells Fostoria man

  1. #21
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    Re: You're still legally dead, judge tells Fostoria man

    Quote Originally Posted by danarhea View Post
    OK, a guy that everybody thought was dead showed up in court to prove that he actually existed. He lost. He is now legally "undead", and the Zombie Apocalypse has begun. LMAO.

    Article is here.

    Resistance is futile, I just cant help myself.
    Oingo Boingo - It's a Dead Man's Party - YouTube

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    Re: You're still legally dead, judge tells Fostoria man

    Quote Originally Posted by danarhea View Post
    OK, a guy that everybody thought was dead showed up in court to prove that he actually existed. He lost. He is now legally "undead", and the Zombie Apocalypse has begun. LMAO.

    Article is here.
    Sounds like a technicality that the judge doesn't have authority over being that he's a judge, not someone who can write or create law on the whim.

    Blame your legislature for writing stupid laws Not the guy who is entrusted with upholding them

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    Re: You're still legally dead, judge tells Fostoria man

    Quote Originally Posted by Summerwind View Post
    The fraud is on the part of the husband, I already said that. Just because he didn't "plan" to defraud the government, though he must have to some extent since he was taking cash for employments under the table which contributed to his "disappearance." So yeah, fraud occurred, it occurred because a yellow belly didn't want to pay child support, and he should be held responsible.
    I don't think the wife should be liable for the repayment, the man should be.
    OK, I read the aritcle.

    Here is what jumps out at me.

    He left him home on 1994. He was drinking alot and probably not thinking of much just doing odd Jobs here and there. Who know if he gave his social security number for those Jobs.

    His wife filed for a death certificate and the payments. He knew nothing about that until 2005 11 years after the wife got the ruling.

    The wife said he left because of the child support payments, he did not. That was an assumption on her part. He probably did not think of or even know that his wife could have him declared him dead and collect the payments. She could have gotten a job like most people do.

    The man left his house in 1986 anddidn't know what was going on back there.

    Why should he pay back the SS administration for something he knew nothing about?

    I don't see fraud on his part in this. He was living in a bottle for a long time and I doubt he thought of the legal aspects of what he had done.

    He still waited another 8 years to ask to be alive again once he found out he was dead.

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    Re: You're still legally dead, judge tells Fostoria man

    Quote Originally Posted by Mason66 View Post
    OK, I read the aritcle.

    Here is what jumps out at me.

    He left him home on 1994. He was drinking alot and probably not thinking of much just doing odd Jobs here and there. Who know if he gave his social security number for those Jobs.

    His wife filed for a death certificate and the payments. He knew nothing about that until 2005 11 years after the wife got the ruling.

    The wife said he left because of the child support payments, he did not. That was an assumption on her part. He probably did not think of or even know that his wife could have him declared him dead and collect the payments. She could have gotten a job like most people do.

    The man left his house in 1986 anddidn't know what was going on back there.

    Why should he pay back the SS administration for something he knew nothing about?

    I don't see fraud on his part in this. He was living in a bottle for a long time and I doubt he thought of the legal aspects of what he had done.

    He still waited another 8 years to ask to be alive again once he found out he was dead.
    This whole thing would be resolved if he would step in front of a train.

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    Re: You're still legally dead, judge tells Fostoria man

    Quote Originally Posted by Jerry View Post
    This whole thing would be resolved if he would step in front of a train.
    ^the glass-half-full solution^

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    Re: You're still legally dead, judge tells Fostoria man

    Small things amuse small minds.

    As Rome (the US) burns!

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    Re: You're still legally dead, judge tells Fostoria man

    Quote Originally Posted by RabidAlpaca View Post
    The point is, the ruling is ridiculous. The government knows he isn't dead, so he shouldn't be. What would be the legal situation if he now went out and murdered somebody? By every definition of the law, a dead man can't murder.
    The Judge based on ruling on the 3 year SOL in;

    2121.08 Administering estate when decree vacated.

    (A) The probate court may at any time within a three-year period from the date of the decree establishing the death of a presumed decedent, upon proof satisfactory to the court that the presumed decedent is in fact alive, vacate the decree establishing the presumption of death. After the decree has been vacated all the powers of the executor or administrator of the presumed decedent cease, but all proceedings had and steps taken with respect to the administration of the estate of the presumed decedent prior to the vacating of the decree remain valid. The executor or administrator of the estate of the presumed decedent who is found to be alive shall settle the account of the executor's or administrator's administration down to the time of the vacating of the decree and shall transfer all assets remaining in the possession or under the control of the executor or administrator to the person for whom the executor or administrator is acting, or to that person's authorized agent or attorney.


    The Ohio Probate Code has NO bearing on the Ohio CRIMINAL Code, TITLE 29.

    Even arguably, if it did, since the feds and the other states are seperate sovereign's, why do they legally have to recognize ohio law for criminal law purposes??

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