# Legally dead **URL:** \ **Category:** Cecil's Columns/Staff Reports\ **Created:** [June 13, 2006, 1:15pm UTC](https://boards.straightdope.com/t/legally-dead/360562 "2006-06-13T13:15:50Z")\ **Posts on this page:** 11\ **Page:** 1
**Author:** ![Cluricaun](https://avatars.discourse-cdn.com/v4/letter/c/bb73d2/32.png) [@Cluricaun](https://boards.straightdope.com/u/Cluricaun)\ **Post date:** [June 13, 2006, 1:15pm UTC](https://boards.straightdope.com/t/legally-dead/360562/1 "2006-06-13T13:15:50Z")
Boy, they sure have you working overtime lately **Gfactor**. Just wanted to say nice job on the [staff report](http://www.straightdope.com/mailbag/mlegallydead.html) today. ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [June 13, 2006, 1:22pm UTC](https://boards.straightdope.com/t/legally-dead/360562/2 "2006-06-13T13:22:07Z")
> [@Cluricaun](#): > > Boy, they sure have you working overtime lately **Gfactor**. More like I had a bunch of free time back in March. šŸ˜‰ > [@](#): > > Just wanted to say nice job on the [staff report](http://www.straightdope.com/mailbag/mlegallydead.html) today. Thanks. šŸ˜ƒ ---
**Author:** ![Anaamika](https://avatars.discourse-cdn.com/v4/letter/a/5f9b8f/32.png) [@Anaamika](https://boards.straightdope.com/u/Anaamika)\ **Post date:** [June 13, 2006, 2:08pm UTC](https://boards.straightdope.com/t/legally-dead/360562/3 "2006-06-13T14:08:40Z")
Jeez, I thought you were saying Gfactor was legally dead. I knew about the 7 years clause. I didnā€™t know there were so many people out there - 60,000? - who might be in this situation. Good job, Gfactor. ---
**Author:** ![bup](https://avatars.discourse-cdn.com/v4/letter/b/6bbea6/32.png) [@bup](https://boards.straightdope.com/u/bup)\ **Post date:** [June 13, 2006, 2:27pm UTC](https://boards.straightdope.com/t/legally-dead/360562/4 "2006-06-13T14:27:28Z")
Boy, when it happened to Irene Dunne in _My Favorite Wife_ they made it seem a lot more madcap. ---
**Author:** ![Sage\_Rat](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sage_rat/32/399_2.png) [@Sage\_Rat](https://boards.straightdope.com/u/Sage_Rat)\ **Post date:** [June 13, 2006, 2:29pm UTC](https://boards.straightdope.com/t/legally-dead/360562/5 "2006-06-13T14:29:35Z")
What about ā€œmostlyā€ dead? :dubious: šŸ˜› ---
**Author:** ![Queen\_Tonya](https://avatars.discourse-cdn.com/v4/letter/q/4491bb/32.png) [@Queen\_Tonya](https://boards.straightdope.com/u/Queen_Tonya)\ **Post date:** [June 13, 2006, 10:17pm UTC](https://boards.straightdope.com/t/legally-dead/360562/6 "2006-06-13T22:17:38Z")
Well done, yet again. I wonder what percentage of John/Jane Does that show up in morgues around the country are part of that 60+K? ---
**Author:** ![Drum\_God](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/drum_god/32/44_2.png) [@Drum\_God](https://boards.straightdope.com/u/Drum_God)\ **Post date:** [June 14, 2006, 2:13am UTC](https://boards.straightdope.com/t/legally-dead/360562/7 "2006-06-14T02:13:12Z")
> [@Gfactor in Staff Report](#): > > The situation in Castaway is a little different from the one weā€™ve been describing. When someone is exposed to ā€œimminent perilā€ (for example, a plane crash) and fails to return, courts will generally assume the person was killed even though the usual presumptive death period hasnā€™t elapsed. Sentell says, ā€œthe element of peril accelerates the presumption of death.ā€ This rule came into play after the attack on the World Trade Center. Expedited procedures were established for issuance of death certificates. But what would someone in Tom Hanksā€™ characterā€™s position do? The movie sort of focuses on his lost relationship with Helen Hunt. I was more interested in the practical aspects of returning. Would FedEx owe him some massive overtime? Would Helen Hunt have to repay any life insurance she may have received? Surely FedEx would have some sort of death benefit for its executives. What about Uncle Sam? Surely he would be glad to see Tom back and want to see his tax returns ASAP. How would these things get done? Your example of John Burney involved someone who intended to commit a fraud. in _Castaway_, Tom Hanks has no intention of disappearing. The event of his plane crash made it happen on accident. ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [June 14, 2006, 3:46am UTC](https://boards.straightdope.com/t/legally-dead/360562/8 "2006-06-14T03:46:48Z")
> [@Drum God](#): > > Would FedEx owe him some massive overtime? My hunch is no. But Iā€™ll think about it. ``` Would Helen Hunt have to repay any life insurance she may have received? ``` > [@Sentell article cited in report](#): > > The most difficult aspect of the problem of a missing insured is when the insurance company pays the amount of money due under the policy and the insured reappears. If the company pays the full death benefit and the insured thereafter reappears, the company will generally have a claim against the beneficiary usually on the grounds of mutual mistake of fact. When a compromise settlement has been made, however, the company may have much more difficulty in recovering the policy proceeds. To avoid any questions on this score, the company could obtain from the payee a repayment agreement at the time of making settlement, or attempt to have such a provision incorporated in the decree if there is litigation to establish the claim. A bond with adequate surety is even more desirable from the insurance companyā€™s standpoint. > [@](#): > > Surely FedEx would have some sort of death benefit for its executives. Probably life insurance. > [@](#): > > What about Uncle Sam? Surely he would be glad to see Tom back and want to see his tax returns ASAP. He probably would not have earned much income while stranded. He might, of course, have passive income from a variety of sources. But not for long. Because he fell under the imminent peril rule, his assets would been the property of his heirs pretty early on. And his ā€œfinalā€ income tax return and, if necessary, estate tax returns would have been filed by his personal representative. > [@](#): > > How would these things get done? Iā€™m guessing heā€™d complete the returns and submit them, if in fact he had sufficient income to require returns, and returns were not already filed. A more interesting question to me is this: if estate taxes had been paid, would he be entitled to a refund? I asked my dad, who specializes in the area. He agreed with me that in such a case, a reappearing decedent could seek a refund. But he pointed out that the statute of limitations for such a claim is three years. It is possible the rule would be relaxed in such a case. > [@](#): > > Your example of John Burney involved someone who intended to commit a fraud. in _Castaway_, Tom Hanks has no intention of disappearing. The event of his plane crash made it happen on accident. The example was offered as an illustration of someone presumed dead who shows up alive. I realize it isnā€™t the _Castaway_ scenario. ---
**Author:** ![Dot\_com](https://avatars.discourse-cdn.com/v4/letter/d/71e660/32.png) [@Dot\_com](https://boards.straightdope.com/u/Dot_com)\ **Post date:** [June 14, 2006, 7:05pm UTC](https://boards.straightdope.com/t/legally-dead/360562/9 "2006-06-14T19:05:57Z")
> [@Gfactor](#): > > I realize it isnā€™t the _Castaway_ scenario. Incidentally, the movieā€™s title is _Cast Away_ (two words), not _Castaway_. Cf.: [http://imdb.com/title/tt0162222/](http://imdb.com/title/tt0162222/) ---
**Author:** ![Drum\_God](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/drum_god/32/44_2.png) [@Drum\_God](https://boards.straightdope.com/u/Drum_God)\ **Post date:** [June 15, 2006, 2:14am UTC](https://boards.straightdope.com/t/legally-dead/360562/10 "2006-06-15T02:14:13Z")
Just want to point out that youā€™re awesome **Gfactor**. Thanks for the thoughtful reply and research that must have gone into it. Have non-fraudulent disappearances/reappearances happened in recent times? In the purely fictional _Cast Away_ [nods to **dot com**] scenario, I would think that FedEx would be eager to appear thankful for the safe return of their lost employee. After all, he was well liked by the company and on the fast-track up the ladder. I would think that FedEx would want to cover any costs associated with their guy getting back on his feet and not hurting his heirs by having them pay back life insurance, etc. Can you just imagine how hard it would be to get things back to where you were when you left? Iā€™m not even talking about the trauma of losing a hot babe like Helen Hunt. ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [June 15, 2006, 4:15am UTC](https://boards.straightdope.com/t/legally-dead/360562/11 "2006-06-15T04:15:22Z")
> [@Drum God](#): > > Just want to point out that youā€™re awesome **Gfactor**. Thanks for the thoughtful reply and research that must have gone into it. Have non-fraudulent disappearances/reappearances happened in recent times? Now that you mention it: ā€“I found a story in the April 13, 2003 edition of Scotland on Sunday about a teenager who reappeared after being gone for four yearsā€“in the middle of the trial of her alleged murderer. But it turns out she was hiding at her boyfriendā€™s house. ā€“Hereā€™s one about a couple of women who had been presumed dead in Moscow. They were kidnapped, and kept as sex slaves for four years. ā€“Thereā€™s the [wardenā€™s wife](http://www.cbsnews.com/stories/2005/04/05/national/main685611.shtml) But theyā€™re thinking about charging her as an accomplice [http://www.ktbs.com/news/local/3044611.html](http://www.ktbs.com/news/local/3044611.html) so Iā€™m not sure that counts. ā€“Hereā€™s one about a guy named James Simmons (used to be Barre Cox). Disapeared for 16 years. He says he was attacked and had amnesia. When he resurfaced, he was the gay pastor of a predominantly gay and lesbian congregation, and claimed to have no memory of his wife and child. When a member of his congregation recognized him, he was using the name, social security number and birth date of another man. Some people donā€™t believe his story. Nevertheless, he went to court ā€œto have his death certificate reversed and his estate returned to him.ā€