What happens if someone who's legally dead turns out to be alive? ?

So let's suppose someone gets in a plane crash, miraculously survives but this person isn't found and they are declared dead. They survive for a few years before being found and rescued. What happens now? Can they get their identity back, assets they should've inherited, money they had saved etc? 

3 Answers

  • Anonymous
    3 weeks ago

    Yes, likely yes and likely yes.

    There is a reason mortgage lenders and homeowners buy title insurance.   You never know when a previously unknown heir of a prior owner is going to crawl out of the woodwork. 

  • Anonymous
    3 weeks ago

    Yes, the person would be able to regain his identity as a live person, but NOT any 

    inheritance they "should have" inherited if the estate is closed. If you aren't around to claim your inheritance, you are out of luck.

     All other assets would have to be claimed in civil law (nothing is automatic) but should be returned to the state they were when they were transferred or the liquidated equivalent.  Whether or not that will occur depends on if the money exists and the judge.  If the person who came back from the dead is discovered to be part of the fraud that led to the belief he was deceased, that person could go to jail for fraud and not be due back anything.

  • Faith
    Lv 7
    3 weeks ago

    As far as I know the money has to be returned. I saw a 20/20 or some news program about a woman who had her husband fake his death for many years. She had gotten the insurance money and used it to raise their two sons. Many years later when the sons were grown she found out her husband was alive and well, married and with a new family. She had to pay the money back. I can't remember how she found out it had to do something with taxes I think when she applied to a new job. There was a tv movie about this same care. She didn't think she should be responsible to pay the money back as he faked his death. I don't remember the end result. I'll see if I can find the tv movie which should mention who it was based on.

    Update- I'm pretty sure this is it. https://www.imdb.com/title/tt0282482/ or this one https://www.imdb.com/title/tt0119532/

    The second one is based on the true story of Air Force deserter James "Douglas" Pou.

    As for identity back in the situation you describe I'm sure they do. The death certificate would be canceled I guess. I mean it's not like they'd get a new identiy they are still the same person.

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