What the Heck?! Thread (Closed)

Discussion in 'Members' Club Room' started by TerraN_EmpirE, Oct 10, 2013.

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  1. TerraN_EmpirE
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    TerraN_EmpirE Tyrant King

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    Okay so here's the set up. A man went missing and was declared dead, for a whole decade. He is gone then out of the blue Rip Van Winkle returns and wants to take his life back. So he files with the court to have himself declared alive. And the Judge looks at him and tells him that medical he may be living legally he is a corpse! Sounds like a Monty python skit staring John Cleese as the Judge, Terry Jones as our Rip and the gang as the court characters... Trouble is its no skit.

    News from The Associated Press

    that's right breathing though he may be this Ohio man is in the eyes of the law DEAD. No longer among the living, met his maker, pushing up daisies, bought the farm, kicked the bucket... As a living dead man he cannot get a license, open a bank account, apply for a job or anything we legally living take for granted... Of course as he is legally dead, he is exempt from the affordable health care law and can still vote in Illinois... ;-)

    Think of this as a splinter thread of the world news thread but only with stories that defy belief that they are so outlandishly absurd news that males you fell moved to WTF?!
     
    #1 TerraN_EmpirE, Oct 10, 2013
    Last edited by a moderator: Dec 13, 2013
  2. airsuperiority
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    airsuperiority Senior Member

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    Re: WTF?! News

    Well that also means he have no taxes to pay, right?
     
  3. solarz
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    solarz Senior Member

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    Re: WTF?! News

    What if he goes to rob a bank? Would they be able to prosecute a "dead" man?
     
  4. TerraN_EmpirE
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    TerraN_EmpirE Tyrant King

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    Re: WTF?! News

    no active ssn means no job, no job means no income no income no taxes. He wants his SSN back so he can collect SS benefits.

    could count him like a illegal alien. Mind you his nation of origin being "The Great Beyond".

    I am wondering if he dropped dead tonight, would they write a new death certificate or just redo the old one?
     
  5. plawolf
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    plawolf Senior Member

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    Re: WTF?! News

    This is the problem with a rule based legal system over a principles based one, loopholes and stupid technicalities.

    This pronouncement opens up all sorts of weird legal problems. As others have pointed out, what happens if he robs a bank or kills someone? How do you charge someone who is legally dead with a crime committed after his date of death?

    On the other hand, being legally dead could also mean this guy cannot enjoy the protection of the law. So, going back to the above example of criminality on his part, the police could potentially not be obligated to honour any of his rights, and could theoretically just shove him in a freeze locker down in the morgue until his current status matched his legal status.

    Similarly, if he was walking down the street and someone shot him dead, could his killer be charged with murder?

    I fully expect the law to be changed and the decision reversed upon appeal, but in the meantime, the poor guy is in legal limo territory.
     
  6. SampanViking
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    SampanViking The Capitalist
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    Re: WTF?! News

    I suspect that the real point here is that as the man has been declared legally dead for such a long time, that his estate will now be fully settled and so a "living reconstitution" is totally impossible.

    It is now very rare for someone to be "dead" for so long before resurfacing and it is clear he vanished purely to escape financial liabilities. Too much water has passed under the bridge and it will be unfair to unwind decisions and actions that were taken in good faith by the dependants and other agencies.

    On top of this the guy sounds like a real "Douche" as I believe you Americans like to say, and a character worth very little sympathy. This is increased by the fact that his life over the last decades will have been illegal.
    Maybe he only resurfaced because he found out that his old identity may have become worth something through association? I can guess that maybe the wife has come into a inheritance or something, which as her living husband he would be entitled to share? If so he is still a Douche, so tough luck!

    The answer is simple to my mind, just establish a new version of the identity that becomes alive as of today's date and which leaves the original identity as dead.
     
  7. MwRYum
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    MwRYum Senior Member

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    Re: WTF?! News

    Actually, if he's not legally US citizen anymore, then he's an illegal alien, right?
     
  8. TerraN_EmpirE
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    TerraN_EmpirE Tyrant King

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    Re: WTF?! News

    There are in the united states two primary forms of law. Criminal covering crime and punishment. And civil covering rights, property and the status of things. In this case he was filing for a civil status change. In the case is f a criminal event IE his ex trying to kill him off or vise versa, the criminal court would step in and prosecute. It does not matter if he was declared dead or not he would be granted a status as individual with rights. This is more or less a matter of civil law. John Does or unidentified persons occasionally occur in criminal court and are granted the same rights as anyone else.

    now Viking makes a good point here. This individual was until recently classified as a vagrant. Although the story states he and his wife are divorced the man did owe a substantial amount of child support. Given his age and the time spent away he may in fact have schemed to allow him self to be declared dead for a period until he was sure his children were over 18 and no longer eligible for payment.
     
  9. MwRYum
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    MwRYum Senior Member

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    Re: WTF?! News

    What about back payment, should and if the court can establish - and prove - that it was all done out of the intent to not pay the bills?
     
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  10. TerraN_EmpirE
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    TerraN_EmpirE Tyrant King

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    Re: WTF?! News

    The Ex wife or the children or maybe the state child welfare agency would have to file a lawsuit.
    trouble is at his age 61 he only has a few years left before normal retires. The story does not include his financial status but I am betting like most of us when he died he could not take it with him. He would claim that such a suit would leave him destitute. As his estate was wiped out. He wants social security but that already goes to his ex.
     
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