The ‘Rambo’ series didn’t start off with John Rambo as a one-man Army, hell-bent on killing anyone who stood between him and his mission. But that’s what it turned out to be. And now few action movie images are more iconic than Rambo tightening up his trademark red headband.
You know the one.
The series began as a very poignant, yet action-packed treatise on the treatment of Vietnam veterans in the years following the end of their war. In First Blood, there’s only one onscreen kill, a guy who falls out of a helicopter for trying to kill Rambo. Rambo isn’t purposely involved in his death. If you want to know the whole point of the first Rambo movie, you can just watch John Rambo’s speech at the end of the movie.
By First Blood: Part II, the idea that John Rambo was just a simple guy with extraordinary training in extraordinary situations, was long gone. In the second Rambo movie, John Rambo is the perfect man to lead a mission back to Vietnam to rescue POWs still held there. Rambo is twice as ripped and definitely kills people in this movie. By Rambo III, he just lays waste to an entire army.
If you don’t remember any of that, Sylvester Stallone posted a helpful reminder to his Instagram account.
From G.I. Joe-level animation for First Blood, the VCR-level graphics in between the “trailers,” the backyard, action figure quality of the trailer for First Blood: Part II, to the 8-bit Nintendo-style graphics for the Rambo III trailer, everything about this rundown of John Rambo’s life is perfect. And perfectly chock-full of late 1980s to early 1990s nostalgia. Whoever came up with this idea – and it very well could have been Stallone himself – needs an award of some kind. A webby, a grammy, a Pulitzer. Something.
The fun doesn’t stop at the original three Rambo movies. The “trailer” for the fourth installment is a nod to a hilarious “Reading Rambo” meme. This comes in the form of a Rambo IV children’s book, narrated by Sly, describing the most epic and violent Rambo scene in the series’ history.
You know the one.
If you’re interested in watching the entire Rambo series recap, check it out on Stallone’s official Instagram feed. If you’re interested in recapping the entire series in its non-cartoon entirety, you can join me on my couch on Thursday as I attempt to contain my overwhelming excitement for the best action movie series since … ever.
Former Marine Sergeant Dan Manrique left the Marine Corps in 2007 after a deployment to the Middle East and returned home to Thousand Oaks, in the northwest part of greater Los Angeles, ready to start a new chapter in his life. Like many Marines, Dan loved physical fitness, serving his country, and beer. He struggled to find a community that could offer the same camaraderie and esprit de corps that he felt on a daily basis while in the Corps. That was, until Dan joined a local chapter of Team Red, White & Blue, who affectionately refer to themselves as “Eagles.”
Genevieve Urquidi (Center) Dan Manrique (Right) with fellow Eagles at a Team RWB event.
Dan found his passion within Team RWB’s mission, “to enrich the lives of America’s veterans by connecting them to their community through physical and social activity.” Team RWB brings civilians and veterans together by organizing both volunteer and social events within local communities.
Dan, a lifelong Los Angeles Dodgers fan, quickly bonded with his fellow Eagles while watching his favorite team. One of Dan’s close friends and fellow Team RWB Eagle Genevieve Urquidi recalled to We Are The Mighty about first meeting Dan in 2013,
“My first impression of him was that he was super nice but quiet. Over the next few years, the dynamic of our relationship changed from being teammates to being friends.”
Dan Manrique (Bottom Left) enjoys a beer with his fellow Eagles.
As a member of Team RWB, Dan thrived in a group that allowed him to both serve his community with volunteer work and also build lasting friendships. Dan soon took his desire to serve one step farther by helping other veterans find the same renewed sense of purpose that he discovered as an Eagle. Dan worked passionately with homeless and other veterans in need within the Los Angeles area. Members of Team RWB often volunteer on weekends and after a long day of community service Dan loved to come together with his friends for his other passion, craft beer.
Soon Dan’s fellow Eagles encouraged and inspired him to follow his own dream of starting a business that would echo the things Dan loved in life, service and beer. In 2015, Dan launched a craft beer company with his close friend, Tim O’Brien, creatively named the O’Brique Brewing Company, with the goal of “making great beer that follows and builds upon the lessons of the military…service, camaraderie, and causes greater than ourselves.”
Fellow Eagles carry their favorite pictures of Dan Manrique during the honor run.
While he continued to build his business, Dan, the epitome of a Marine NCO, soon worked his way up from volunteer to full-time staff member with Team RWB. As a Pacific Region Program Manager, Dan dedicated himself to building up the Team RWB community in Southern California by planning group activities, such as, volunteer work, attending Dodger games, outdoor events, and, of course, beer tastings.
Laura Werber, a member of the Team RWB board of directors and Los Angeles Eagle told We Are the Mighty about her friend Dan,
“One of my favorite memories of Dan is his leading a “squat challenge” on the summit of Mt Baldy. On those hikes, we chatted about our mutual love of craft beer and his aspirations to run his own brewery. I took pride in Dan’s progress on his business, as I sampled the fruits of his labor, admired the website he had produced, and listened to his plans to launch his business.”
Sadly, last week, Dan and 11 others, including a Sheriff’s officer, were killed in the Thousand Oaks shooting at the Borderline bar. In the wake of this tragedy, members of the Los Angeles veterans community and Team RWB came together to honor their fallen friend.
Friends and fellow Eagles gather in honor of Dan Manrique
On Saturday night, also the 243rd birthday of the United States Marine Corps, members of Team RWB gathered together and raised their glasses to Dan Manrique. Friends and fellow veterans shared stories about the positive impact Dan had on their lives. Then, in the early morning of this Veterans Day, over 100 members of the community organizedan Honor Run along the Santa Monica beaches in Dan’s memory.
Fellow Marine veteran and close friend Rudy Andrade, who participated in both events, told We Are The Mighty, about the feeling of community Dan inspired in others,
“I felt the loss but I also felt the support of everyone who came to honor Dan. He is gone but the love he shared with us continues.”
As Dan’s fellow Eagles said their goodbyes, many of his friends and fellow veterans reflected on how he would have enjoyed their final salute. Tim O’Brien, Dan’s business partner, has renewed his commitment to keep the brewery running,
“It will be part of Dan’s legacy. He wanted a beer that serves. A brewery that contributes to causes and the community veteran-owned, so we’re going to keep it going.”
Dan’s funeral service will be held later this week with many of his fellow Eagles coming from across the country to pay respects to their fallen friend. In lieu of flowers, please consider making a donation to Team RWB in Dan’s memory.
Marine Lt. Robert Kelly, Marine Lt. Travis Manion, and Navy SEAL Brendan Looney. All three were killed in service in Iraq and Afghanistan.
The military has a very prescribed, formal process for telling Gold Star families about the loss of their service member. Two to three members of that branch of the military will receive word that they need to notify a family of a casualty. They carefully double and triple check the information. They ensure each other’s uniforms are perfect. And then they knock at the door.
Travis and Ryan Manion, brother and sister. Travis was a Marine Corps officer killed in Iraq during a firefight where he moved forward to draw enemy fire. His mother created a foundation named for him, and his sister now serves as that foundation’s president.
(Photo courtesy Travis Manion Foundation)
Three women who received those knocks are sharing their stories of sudden loss in a new book, The Knock at the Door. One lost her brother in combat, and two lost husbands. Two of their loved ones died in Afghanistan, and one in Iraq. But the stories these women tell apply far outside of the military. They hope their stories will help others grapple with grief, whether it comes from the loss of a job, a cancer diagnosis, or a knock at the door.
Ryan Manion is one of the authors and the President of the Travis Manion Foundation. The foundation is named for her brother, a Marine first lieutenant who died in Al Anbar, Iraq, in 2007 while drawing fire from wounded members of his unit.
Ryan, and indeed, all three of the book authors, experienced some break in the prescribed casualty notification processes. In Ryan’s case, she rushed home after getting a call from her family. One uniformed Marine was there with a family friend who had served in the Marines with Ryan’s father. The family friend, a retired lieutenant colonel, had helped tell the family. Ryan’s father told her.
My dad stared at me with a blank look. Then in a very measured tone, he said, “Travis was killed.”
The uniformed Marine had struggled under the strain. He was sitting in his car, cradling his head against the steering wheel. It’s the home visit no service member wants to make.
Ryan grieved as she and her family made preparations to bury Travis. She wouldn’t take off an old, red Marine Corps sweater until it was time to greet his body at Dover. Even then, she carried it with her. When they held the funeral, she connected with Travis one last time by rubbing his head.
I knew that, after the last person knelt down to say a prayer in front of Travis, the funeral director was going to close that casket forever, and that would be it. I’d never see my brother’s face again. I rubbed his head one last time and felt my heart sinking as my father gently pulled me away.
But the book isn’t about the women’s losses. Or at least, it’s not just about that. It’s mostly about how they faced living again without their loved ones. And one of the great lessons that Ryan shares comes after the deaths of her brother and mother. As she attempted to do better things in her life in their memory, she was saddened whenever she came up short.
But she learned a vital lesson in that time, “Failure is a bruise, not a tattoo.” You can heal from falling short. You don’t have to wear it forever.
Amy Looney Heffernan and Brendan Looney. Brendan was a Navy SEAL killed in a helicopter crash.
(Photo courtesy Travis Manion Foundation)
A close friend of Travis tragically died just a few years later in 2010. Brendan Looney was a Navy SEAL deployed to Afghanistan who had almost completed his tour when he was killed in a helicopter crash. The Navy couldn’t initially get a hold of his wife, Amy Looney Heffernan. A receptionist for her company sent the Navy officers to a company conference and had Amy meet them there.
And so Amy learned of her husband’s death in a hotel room. Her sister-in-law took lead on logistics, helping do everything from scheduling the big events to getting items for Amy to wear at the funeral, especially a big pair of sunglasses to hide her tears.
As Amy said the night before the funeral:
I might be crying my eyes out, but the last thing I need is people looking at me like I’m some naive, pathetic little girl. If people start fawning all over me with pity, it’s just going to piss me off. I know what I signed up for and so did Brendan. I just don’t want people to feel sorry for me, you know?
But Amy struggled in the weeks after, neglecting the dogs that she and Brendan had shared, refusing to eat, spending hours on the couch, neglecting herself. She describes a routine of “Ambien, pajamas, and a dark room,” before she forced herself to get better for herself, for Brendan, and for her poor dogs.
Amy’s recovery was challenging, but she eventually describes how she packed for a mountain excursion in Peru designed to help her and other Gold Star family members remember their loved ones while challenging themselves.
Amy and Ryan knew each other through their loved ones; Brendan had actually spoken at Travis’s funeral, and Travis was moved from his family plot to Arlington National Cemetery after Amy asked for the friends to be buried together, fulfilling Travis’s original wishes.
Ryan described the process of moving Travis in just three days so he could rest next to Brendan. The secretary of the Army had to sign off on the move, but the family tried to keep the proceedings quiet so the focus would remain on memorializing Brendan. But some Marines got word of the transfer and held a quiet assembly to honor Travis.
“We just kind of told our close friends and family that we were reintering Travis on that Friday,” Amy said. “And we’ve actually, the Marines from Quantico, one of them was friends with Travis at the time. He was an instructor there. And one of the [Officer Candidate School] housing buildings is named Manion Hall. And so he ended up finding out, and I remember we showed up at Arlington and there was like 200 Marines in dress blues standing at full attention. Which was a pretty incredible sight to see.”
Marine 2nd Lt. Robert Kelly stands with his wife Heather. Robert would later die in an IED strike in Afghanistan. His wife has co-authored a new book about grief.
(Courtesy Travis Manion Foundation)
But while Amy and Ryan knew each other, their co-author Heather Kelly was unknown to them until her husband was buried just a few rows away at Arlington. Marine Lt. Robert Kelly, a son of a prominent general, was killed by an IED in Afghanistan. Heather received her casualty notification five hours early as the Marine Corps leaders wanted to make sure she found out at the same time as her father-in-law, and they had moved his alert forward so that he would learn from a friend instead of the list of casualties he would see in the morning.
Heather turned to black humor to get through the funeral process. She and her brother-in-law created a running joke about her riding into the funeral on an elephant to properly honor Robert, a joke that came about after a funeral director tried to upsell the family on a decorative guest book.
Heather continued the joke in front of some Marines, and they ran with it:
They were eager to fulfill the wishes of a fallen hero’s family, and God bless them, they actually half-seriously discussed getting me to the Washington Zoo. I think they may have even placed a phone call to the zoo to arrange for me to pet an elephant, which they figured would be a close second to leasing one for the day. Ah, Marines. No better friends in the world, no worse enemies.
Heather met the other two women after Amy wrote an op-ed about remembering her husband not only as “a warrior for freedom” but also an “ambassador of kindness.”
Now, all three women work through the Travis Manion Foundation to foster kindness and a dedication to service in the next generation and to help veterans and Gold Star families find continued purpose and opportunities to serve in their community. Their book, The Knock at the Door, came out November 5.
Remember the collective crushing disappointment we all felt as we got settled in to watch Pearl Harbor in 2001, expecting a Saving Private Ryan-level war movie on a grander scale and suddenly realizing it was a love story and that the attack on Pearl Harbor was actually just part of the backstory? The bad news is that Pearl Harbor is still on television.
The good news is that the director of Independence Day just made a movie about the World War II Battle of Midway. And he even remade the attack on Pearl Harbor to get started.
All this and Woody Harrelson as Chester Nimitz? I’m interested. This still is from Planet of the Apes, but we all wish Nimitz shaved his head like this before combat. I do, anyway.
For the uninitiated, the Battle of Midway may have well been the turning point in the Pacific War of World War II. While the Doolittle Raid featured in Pearl Harbor showed American resolve and boosted morale, it did little to really hurt the Japanese in the Pacific (the Doolittle Raid appears to be in the Midway movie as well). Two months later in 1942, the U.S. Navy struck a decisive blow, delivering a devastating punch to the face of the Japanese Empire at the height of its power – just six months after the U.S. Navy was supposed to be knocked out of the war at Pearl Harbor.
The Americans had a complete intelligence advantage at Midway, having broken the Japanese radio codes and determining they were on their way to attack an island code-named “AF.” In order to figure out what objective “AF” was, American intelligence sent an uncoded message that the water purification system on Midway was down, they heard Japanese radio operators reporting objective “AF” was low on water. The target was Midway, and the Navy laid a trap for the oncoming Japanese fleet.
The United States ended up with the Japanese objective, the days the Japanese fleet would arrive, and the entire Japanese order of battle. What’s more, the Japanese were unaware of the Americans’ positions or that the Navy had broken their codes, so the Japanese Navy took the further steps of so dividing their forces into four subgroups, that they were unable to support each other. This might have been a great tactic in a surprise, but not so much when the Americans knew exactly where every ship would be and when they would be there. The result was, not surprisingly, a complete rout that could only be described as a major ass-kicking.
Japanese forces took massive losses. The Imperial Japanese Navy lost ten times the number of men, along with four aircraft carriers it could not replace, two heavy cruisers, and almost 250 aircraft. The Americans lost just 307 men, 150 planes, the carrier USS Yorktown and the destroyer USS Hammann.
Not bad for the first American victory in the Pacific.
The U.S. Treasury said Net Peygard targeted current and former U.S. government and military personnel with a malicious cybercampaign, while New Horizon had staged international gatherings to back efforts by the Islamic Revolutionary Guards Corps’ Quds Force to recruit and collect intelligence from foreign participants.
Witt herself was recruited by Iran after attending two international conferences organized by New Horizon, U.S. officials said.
They said Witt served as a counterintelligence officer in the air force from 1997 until 2008, and worked as contractor for two years after that.
On Chartres Street in New Orleans’ French Quarter, you can find the best muffuletta sandwich and the best Pimm’s Cup cocktail at a place called Napoleon House – so named because it was going to be the residence of L’Empereur – just as soon as the pirates could rescue him from his exile in the middle of the Atlantic Ocean.
After the Battle of Waterloo saw the final defeat of Napoleon in 1815, he was exiled for the second time to a remote island where the world was certain he could never escape and never again threaten the security of Europe or its royal families. That island was St. Helena, from which the British could see pretty much anyone coming their way and fight off anyone who might try to rescue the emperor of the French. You would have to be a crazy kind of outlaw to attempt such a daring rescue.
New Orleans just happened to have a lot of those – and some very famous ones at that.
The same ones who helped fight the British at the Battle of New Orleans.
By 1821, Napoleon had been on this chunk of rock in the middle of the ocean, surrounded by British warships and British troops for five years. The onetime “Master of Europe” was likely getting tired of his forced retirement from public life. So were the fans of the Emperor. One of those fans was Nicolas Girod, the first popularly-elected mayor of New Orleans. Girod was a bonafide Bonaparte superfan. Girod was a Frenchman through and through and hated that his Emperor was on a rock somewhere in the ocean. He wanted to bring Napoleon to New Orleans, so he enlisted the most infamous pirate in New Orleans history to bring him there.
Jean Lafitte was the leader of the Barataria Bay pirates, the very same ones who helped Andrew Jackson defend New Orleans from the British in the 1815 battle. Lafitte and his men received pardons for their crimes that day. But the pirates and Girod were ready to take to the seas against the British once more, this time to bring Napoleon to his new home in New Orleans.
Where he probably would have felt right at home.
(Huge Ass Beers)
Lafitte hand-picked a crew of men with extensive experience in piloting small, fast boats. Though no writings of the specific plan exist, from what is known of the plot, it appeared the pirates were just going to fly past the British warships under the cover of darkness, land quickly on the shore, and attempt to spirit the emperor via the same way they came onto the island.
Just before the crew was set to depart in 1821, however, a ship arrived in the port of New Orleans with the news that Girod’s emperor had died. The plan was, of course, scrapped. Today, the house on Chartres Street still stands and is a restaurant and bar called “Napoleon House,” after its famous would-be tenant.
The drug war has been going on for so long, the inward, secret lives of narcotics traffickers are beginning to take on a life all of their own, separate from the national borders we know as their homes. They have their own rituals, coded languages, technology, and now, even a secret religion has sprung up around their lives.
It’s called the cult of Santa Muerte – “Holy Death” – and it’s more intense and deadly than anything that came before it.
A Santa Muerte follower announces its adherence.
Since Mexican President Felipe Calderon upped the ante on the Drug War in 2006 by taking down the highest-ranking members of certain cartels, violence in the country has increased exponentially. Since then some 45,000 people have died in the drug war. The level of violence and death without warning has spurred the spread of the Santa Muerte religion in Mexico and beyond. Santa Muerte, in turn, spurs the narcos to become more and more violent.
The worshippers of Santa Muerte are primarily disenfranchised, poor Mexicans who turn to the cartels as a means of employment but soon begin the same cycle of murder and torture as those who came before them. The activities they’re forced to conduct aren’t accepted by pure Catholicism, so they turn elsewhere for comfort.
And now, you can buy the figurines on Amazon.
Santa Muerte has developed as a belief system for over 50 years or more. According to the FBI, “The Santa Muerte cult could best be described as [following] a set of ritual practices offered on behalf of a supernatural personification of death…she is comparable in theology to supernatural beings or archangels.” Unlike Death or the Virgin of Guadalupe, as she is often represented, her scales don’t actually work, a reflection of her amoral nature. Since many narco foot soldiers will end up dying a brutal death, the appeal of worshipping a death-like figure is obvious. In the meantime, Santa Muerte advocates are enjoying the world’s earthly pleasures.
While the FBI stops short of calling the worship of Santa Muerte a full-blown religion, it does have its own belief system, as well as priests, temples, and shrines, along with all the rituals associated with religion – including ritual killings.
A statue of Santa Muerte in a practitioner’s home.
Ritualistic Santa Muerte killings are abundant in Mexico and South America amongst narco-traffickers, but the killings are now making their way into the United States, albeit, primarily close to the border cities already struck by violence that has become the signature of the War on Drugs, and only four have been confirmed as related to Santa Muerte.
Border agents and local police have been thoroughly trained on the ins and outs of the religion and its followers, but luckily very few have been seen on the U.S. side of the border.
Watch out, Wolfpack! Kim Jong Un has decided that he wants to join that wild “Hangover” bunch of partiers portrayed by Ed Helms, Bradley Cooper, Justin Bartha and Zach Galifianakis.
Or maybe the North Korean dictator is trying to get a cameo in “Hangover IV.”
According to a report by FoxNews.com, the North Korean dictator once got blackout drunk while meeting with top military leaders. During that meeting, he went on a rant about their failure to produce a successful “military satellite” – a phrase often taken to mean an intercontinental ballistic missile.
“Not being able to develop one military satellite is the same as committing treason,” the Korea Times reported Kim ranted during an all-night ragefest directed at his military leaders — just before ordering them to write letters of apology and self-criticism.
At some point after giving those orders, the dictator went to bed, feeling the effects of a reported overindulgence of “spirits.”
The next morning, when he awoke after having slept it off, he was stunned to see the military chiefs at his villa. He’d drunk enough to black out and forget his tirade of the previous night – much as the protagonists of the “Hangover” trilogy had.
“Why are you gathered here?” the North Korean dictator asked according to the FoxNews.com, adding: “Be careful about your health because you are all old.”
The greeting prompted the assembled generals to sob with relief, leading Kim to think he had touched them with his kindness.
An anonymous North Korean source told the Tokyo Shimbun, “They were relieved because they thought they were going to be purged.”
The Tokyo Shimbun’s source added, “Everyone is showing loyalty out of fear of being executed and no one dares speak against Kim.”
The North Korean dictator was portrayed in the 2014 comedy movie “The Interview,” which starred James Franco and Seth Rogen.
In 2004, Kim Jong Un’s father, Kim Jong Il, was a featured character in “Team America: World Police,” a marionette movie done by the producers of the hit TV series “South Park.”
We’ve talked about how many Americans fighters have gone on to serve as kick-ass bombers. But did you know that the Russians managed to do the same thing with one of their fighters? All they had to do was sacrifice any hopes of a multirole capability to do it.
That plane was the MiG-23 “Flogger”, a fighter that was later modified to become the MiG-27, a ground-attack aircraft. In a very real sense, the Soviets, in designing the Flogger, created an airframe that was able to carry out both air-to-air and air-to-ground missions. In a sense, it’s a lot like the F-86H Sabre, a lethal bomber created from an air-superiority fighter base.
The MiG-23 was primarily designed to carry air-to-air missiles like the AA-7 Apex and the AA-8 Aphid.
The MiG-23 first entered service as a fighter in 1971. It was a notable improvement over the MiG-21 in that it carried medium-range, radar-guided AA-7 Apex missiles that could be guided toward targets using the on-board High Lark radar. The Flogger could also use the AA-2 Atoll and AA-8 Aphid air-to-air missiles, which primarily used infrared guidance. The plane also packed a twin-barrel 23mm gun for dogfighting.
But the Soviets also wanted a ground-attack plane. Although the MiG-23 could haul just over 6,500 pounds of armaments, the Soviets wanted more.
The MiG-27, seen here, replaced the High Lark radar with sensors optimized for the air-to-ground mission, including a laser-range finder.
(Photo by Rob Schleiffert)
The MiG-27 entered service in 1975. Early versions maintained the twin 23mm guns of the MiG-23, but this Flogger was intended to hit targets on the ground and eventually was given a proper gun for it — a six-barrel 30mm Gatling gun. It could carry almost 9,000 pounds of bombs. The plane also featured a laser rangefinder.
In order to make room for all of those ground-attack tools, the Soviets removed the High Lark radar. This didn’t leave it completely defenseless in the air — the MiG-27 could still carry heat-seeking missiles.
Something all too familiar to Flogger pilots: An American or Israeli jet on their six.
The MiG-23 was produced in huge numbers and saw action in the hands of countries like Libya, Syria, and Iraq. American and Israeli pilots had no problem blowing the Flogger out of the sky, though. Despite a lot of negative combat experiences, over 5,000 Floggers of all types were produced. The Soviet Union and India also produced almost 1,100 MiG-27s. Some Indian MiG-27s, though, went on to become true multirole fighters.
ScrobTheFancyTurtle asks: Love your video on what happens when people are accidentally declared dead. But it got me wondering, what happens if you make a will, go missing, so your will is executed, then turn up alive later? Do you get your stuff back?
As we discussed in our article on what happens to a person who is accidentally declared dead and the process in getting declared alive again, tens of thousands of people die each year across the globe by a simple clerical error, at least as far as their respective governments are concerned. However, what we didn’t mention is that many thousands more people are more purposefully declared “dead in absentia” each year.
As you’ve probably surmised from the term used to describe these deaths, being declared dead in absentia occurs after a person goes missing. When this happens, their will is probated and estate settled. But what happens if they aren’t dead at all and turn up later, perhaps after helping a tempestuous, but lovable bunch of vertically challenged individuals reclaim their homeland from the clutches of the Chiefest and Greatest of Calamities? How do they go about getting their stuff back, or do they even have any rights to it at all anymore?
To begin with, how does one go about getting declared “dead in absentia” in the first place? After all, in most countries adults are perfectly within their rights to uproot and go start a new life somewhere else without telling anyone, or even go on a lengthy adventure with a wizened grey wanderer.
Before we jump into the meat of all this, just a quick note, as this particular topic deals with estate distribution and the like, we’ll focus primarily on adults who disappear, though many elements of what we’re about to cover does also technically apply to children.
As with many things, there’s no uniform, worldwide policy concerning what exact set of circumstances need occur or even how long a person needs to be missing to be declared dead in absentia, though there are many similarities in the process from country to country.
In general, the courts will have to be directly involved in these cases and they will almost always err towards presuming the person is actually alive. However, if the person has been missing for a specific length of time, with no one who would otherwise normally hear from them having contact, and a diligent (unsuccessful) search has been conducted to find them, the courts will ultimately determine that the person indeed must be deceased, even if there is no direct, hard evidence that they are, in fact, dead.
As to the search, to dispel a popular notion frequently perpetuated by Hollywood, a person does not have to be missing for more than 24 hours before authorities in most countries will act. In fact, while almost all missing person cases are resolved of their own accord in relatively short order, in rare more legitimate missing person cases, every hour that passes reduces the probability that said missing person will be found and nobody is more aware of this than the authorities who deal with this stuff every day. Thus, they often actually recommend reporting missing people as soon as the person is determined to be missing.
That said, given there is only so much manpower available at any given time and, again, most missing person cases resolve themselves of their own accord rather quickly, the appropriate authorities do have to prioritize what cases they take on immediately. Thus, rather than strictly going by how much time has passed before an investigation is opened, they’ll weight a number of factors including the probability that the person is truly missing, and not just off doing something without telling anyone. If the disappearance is highly unusual given the person’s normal daily habits and no good explanation can be thought up for the disappearance, this will bump the case up in the priority list as a potential legitimate missing person case. Just as important in getting the authorities to look into the matter immediately is the probability that the person missing might be in some sort of peril given the known facts of the case.
Once an investigation is started, if nobody in the person’s life seems to have heard from them or knows where they are, authorities usually resort to monitoring the person’s digitally trackable life, for example where applicable monitoring financial accounts, cell phone, email, social media accounts, etc., as well as checking if the person has attempted to go through any border check points. As you might imagine, disappearing without a trace in the modern world has become increasingly difficult, meaning these days authorities are much more frequently able to locate the person if they are indeed still alive, compared to even just a few decades ago.
It also helps that many people who are choosing to disappear from their previous lives are not trying to hide from authorities, so the use of personal bank accounts and the like tends to continue.
If they are found, the authorities will typically respect the person’s right to disappear from a former life, unless there are legal reasons not to, such as someone running from financial obligations or the like. As Miranda Napier of the Missing Persons Bureau notes,
If someone has elected to leave their friends and family… and we find them and they express this wish, then we would close the missing report and advise those making it that they were safe and well, but we would not be able to tell them where they were.
Speaking of financial obligations, when trying to decide if some missing person might actually be dead, authorities will also analyze whether the person missing might have had motive to go missing in the first place. For example, if they were having extreme financial difficulties, were in legal trouble, having relationship or family problems, etc.
As they move along in the process, authorities will also usually check with local coroners to see if any unidentified bodies have been found that match the description of the missing person.
But what about if all of this turns up nothing? Next, it becomes a waiting game. In regards to the length of time needed, as noted, this varies, but a commonly observed rule of thumb is that the person has to have been missing for at least 7 years, unless circumstances of their disappearance seem to indicate imminent peril, thus a high probability that the person is, in fact, deceased.
For example, many bodies couldn’t be identified or recovered when the World Trade Center towers collapsed on 9/11, so people who worked there who went missing directly after would have an extremely high probability of being declared dead in absentia almost immediately should their loved ones request such of the courts.
The World Trade Center towers.
Few cases are so cut and dry, however, and in all cases you generally need to get a judge to agree with you, with the burden of proof lying with the people trying to get someone declared dead earlier than the required number of years. The judge in these cases will then determine if, given the evidence, the probability has shifted from presuming the person is alive to it being reasonable to presume they are dead, again usually erring on the side of assuming the person is still alive.
As former assistant attorney general of Illinois, Floyd Perkins notes, “Before seven years, anyone who wants you declared legally dead has to offer evidence that you’re not alive. But after you’ve been missing seven years, anyone who wants you declared alive has to offer evidence that you’re not dead.”
As for more specifics, in the United States the authority to declare someone dead in absentia falls to the states themselves, each of which have their own specific rules. For example, while most states go with the seven year general rule, states like Georgia and Minnesota instead go with four years.
Moving around to the other side of the world, in Italy, it actually takes 20 years for someone to be declared dead in absentia, barring compelling evidence to decree this sooner. In Poland, the time span is 10 years. In Russia, it’s 5. Like in many states in the U.S. and many other parts of the world, in the UK, there is a 7 year waiting period before the authorities can make this call.
It should be noted here that until the authorities declare the person dead, the missing person’s financial affairs are basically in a state of bureaucratic limbo. To illustrate the issues here, consider the case of Vicki Derrick, a woman whose husband Vinny went missing in 2003. After an investigation to locate Vinny turned up nothing, he was presumed missing by the police.
The problem was that in the eyes of the law Vicki’s husband was still alive and, thus, she was still married to him with all obligations that implies, still shared a mortgage on a house she could no longer afford with just a single income, but could also not sell because her husband wasn’t around to put his signature on the necessary paperwork to sell it.
Furthermore, Vickie couldn’t claim her husband’s life insurance policy nor access his personal accounts to settle his various financial obligations until the courts finally decided enough time had passed to declared him dead in 2011.
In a bizarre twist, Vinny’s body was found just two months after he was finally declared dead in absentia. As Vicki would later recount,
There was a huge sense of relief, which I felt guilty about. But at the same time I had already grieved. Deep down I think I knew the day he disappeared he wasn’t coming back. It was so out of character that something terrible must have happened for him not to come home.
It turns out that in the UK alone, while about 98% of the 250,000 or so people that go missing each year turn up within a week of their disappearance, about 1% of these people go missing for at least a year. In a little over half of these 1% cases, the person is ultimately either found dead or eventually declared dead in absentia, but the other half, over 1,000 missing people annually, turn up alive in the end.
As a direct result of cases like these, the government passed the Guardianship (Missing Persons) Act in 2017 which, 90 days after the disappearance of the individual, allows the loved ones of a missing person to assume some degree of control over their affairs. Thanks to this, many of the problems people like Vickie faced can be avoided, mitigating the potential damage to a missing person’s financial situation as well as providing a degree of help in cutting through a lot of red tape for their loved ones during a tumultuous time.
No such nationwide laws exist in the United States and, thus, for example if any benefits would otherwise have been paid, the beneficiaries involved usually simply have to wait the required period for the death in absentia to be declared before they can begin receiving them, assuming they can’t offer a sufficient body of evidence to get the person declared dead early.
Alright, so that’s how you could potentially be declared dead and have your estate pass to others without actually being dead. So let’s now talk about your stuff.
In a nutshell, a person declared dead in absentia is, by the letter of the law, dead.
Shocker, I know.
As such, the actual process of probating their will is functionally identical to a more straightforward death in most countries. Likewise, death benefits will similarly be paid out in a timely manner, though some insurers may require a person making a claim in these cases to jump through a few additional hoops, such as providing evidence a good faith effort was made to locate the person before death in absentia was declared. With this information being necessary to declare a person dead in absentia anyway in most cases, this usually is a pretty easy hurdle to jump over at that stage of the game.
But let’s say after all this happens the “dead” person turns up very much alive and wants all their stuff back from the clutches of the Sackville Baggins. What happens then? This is a far more thorny legal issue and there’s little universal precedent in law to say what exactly should happen, though in the vast majority the court cases we could found, the heirs typically weren’t required to give anything back.
In the US especially what happens in this unlikely scenario varies slightly from state to state, with some dictating that the person has no right to any of their stuff back and others adding caveats, including Pennsylvania who deals with the matter perhaps most sensibly of any region we looked at.
Another example of a state with a caveat is Nevada, where a missing person has up to a year after legal proceedings to divide up the estate have begun to veto the whole thing and get their money and property back, despite having been previously declared dead in absentia. If a missing person turns up after this grace period, they will no longer have any claim to their former assets.
To give the missing person as much of a chance as possible to prevent this from happening if they are indeed still alive, a person laying claim to the estate to the missing person in this case must “give notice by publication”. This mostly just means doing something like putting an ad in a local paper or the like that they are going to make a claim on the estate, which is sure to be read by no one but the intern who processed the notice, but at least gives the appearance of accomplishing something, so is a bureaucrat’s dream law.
Moving on to Pennsylvania, the state law very sensibly requires anyone laying claim to a person’s estate who has been declared dead in absentia to secure a refunding bond before assets will be distributed. As Pennsylvania-based attorney Patti Spencer states, “The person entitled, a spouse or kid, has to post a refunding bond, before the property is distributed. If the person comes back… and someone else has her property, they have to give it back, and if they can’t, then this bonding company has to make it right.”
This is something that happened relatively recently as 2013 when a woman named Brenda Heist returned after her presumed death in 2003. She’d actually been living on the street for the last decade and hadn’t even been aware she had been declared dead.
UK law, as with many other countries we looked at, seems to more or less handle things about the same as the general U.S. court systems. If the person has been declared dead in absentia and sufficient time has passed, which is usually needed to get declared dead in absentia in the first place, the courts will usually rule that the heirs aren’t required to give anything back, though, of course, any heirs are free to do so at their own discretion. The courts simply usually won’t require them to do so if a lawsuit is raised over the matter, though, as with all things in life, their are exceptions.
But what about life insurance and various death benefits? As you might imagine, the insurance companies will almost always seek to get their money back, unless the cost to do so exceeds the amount paid out. But from whom do they try to get the money back from? While, as with so much of what we’ve just discussed it’s not universally true, if a missing person’s loved ones have them declared dead in absentia and then claim against their life insurance policy in good faith (and thus aren’t involved in any fraud here), they won’t generally be sued for the money back, or, even if they are, the courts are unlikely to side with the insurance company in these cases.
The life insurance companies tend to have much better luck going after the person who was incorrectly declared dead in absentia. After all, the missing person knows they are still alive and usually went missing on purpose, setting off the chain of events that required the insurance company to eventually pay out on a policy when they otherwise shouldn’t have been obligated if the missing person had just told someone they weren’t dead.
For example, consider the case of John Burney who disappeared, in this case in a way that made it seem very likely he was dead, in 1976 after getting in some rather hot water owing to mismanagement of his company, causing it to go bankrupt. About six years later, in 1982, he was found to be alive when he decided to return home to visit his father who had been seriously injured. Although Burney’s insurance company initially filed suit against the beneficiaries of his life insurance policy – specifically his wife and business partners – the courts ruled that they didn’t have to return the money. Burney, however, who didn’t receive a dime of that insurance money, did, to the tune of 0,000 (about id=”listicle-2632878398″.2 million today).
Thus, unfortunately for the owner of a certain estate along Bagshot Row, given his disappearance most definitely was out of the ordinary for his normal behavioral patterns and, beyond that, he was last seen, at least in the film adaptation, noting he was “going on an adventure” (always a dodgy business), in either case those seeking his estate seem perfectly within their rights to have had him declared dead in absentia. Assuming Shire law did not have a grace period for legal right to recover an estate after such a declaration, like Nevada, it seems likely all property already auctioned off would not have been obligated to have been returned.
This article originally appeared on Today I Found Out. Follow @TodayIFoundOut on Twitter.
Whisper is a mobile app which allows its users to post anonymous messages (called “Whispers”) out into the ether and receive replies from other users who might be interested in what they have to say. The messages are text superimposed over a (presumably) related photo to illustrate the point.
A recent update allowed Whispers to be categorized into a few firm subcategories: Confessions, LGBTQ, NSFW, QA, Faith and Military. Military members and those with an interest in the military can “anonymously” (quotes because the app still tracks users with their phone’s GPS) post their thoughts, feelings, and interactions with military members. For better or for worse, we compiled some of the more colorful Whispers.
The Top Gun 2 trailer dropped, and I have to say that I am so f*cking pumped. The first was a bit of a guilty pleasure, and this seems to be the right way to make a long-awaited sequel. There’s a lot of suspension of disbelief when it comes to military films, but Maverick honestly seems like the kinda guy to stay in the Navy for 30 years and only make Captain.
I guess he really was flying a cargo plane full of rubber dog sh*t out of Hong Kong for all these years…
Just think. Now there’s going to be an entirely new generation that overlooked the fact that Maverick was a Naval Aviator and not in the Air Force! Here are some memes.
There were so many Storming Area 51 memes this week across the military community. Check out this article for those so we’re not double dipping…
On June 30, 2018, Rudy Giuliani was set to speak at an annual conference in France, organized by Iranian expatriates, opposed to the regime in Tehran. Intelligence agents from the Islamic Republic were planning to blow up part of that conference.
European security agencies were tipped off on the June 30th plot by the Mossad, Israel’s intelligence service. They managed to thwart the attack just in time.
France and other European countries are trying to salvage their parts of the U.S.-scrapped Iranian Nuclear Agreement. The discovery of an Iranian terror plot on French soil might upend the whole effort, according to the Wall Street Journal, in a week that saw another foiled Iranian plot against expatriate dissidents, this time in Denmark.
The Supreme Leader of Iran, Ayatollah Khamenei.
Iran is targeting a group known as MEK, Mujahedin-e Khalq, the People’s Mujahedin of Iran. The group’s stated goal is the overthrowing of the Islamic regime in Iran and the establishment of its own form of government. The MEK has been an active political player in Iran since 1965 but fled during the 1979 Islamic Revolution, like others who were vying for power after the abdication of the Shah.
The group has promoted the ouster of the Ayatollah and the regime in Iran ever since. This gets MEK a lot of attention from Iranian intelligence services.
“Daniel” aka Assadollah Assadi.
Amir Saadouni left Iran some ten years ago and was granted asylum in Belgium as a member of MEK. Shortly after arriving, he met Nasimeh Naami, the woman that would soon be his wife. It wasn’t long before Assdouni was approached by a man calling himself “Daniel,” who worked for Iranian intelligence.
“Daniel” was really Assadollah Assadi, Third Counselor at the Iranian embassy in Vienna. His agency took orders directly from Supreme Leader Ayatollah Ali Khamenei and he wanted Saadouni to spy on MEK for Iran. Assadi offered thousands of Euros for the information he wanted — he also promised to make life hard for Saadouni’s family in Iran if he didn’t help.
Amir Saadouni, 38 years old, waving the Iranian flag of the MEK.
Saadouni agreed, of course. For years, he attended MEK meetings around Europe and reported his findings back to “Daniel.” Assadi would grill Saadouni about the meetings, even revealing information that he could only get from having other spies in the MEK. But the money was good and Saadouni’s family was safe. That’s when things took a turn.
The Iranian agent ordered Saadouni and his wife to become regular visitors at MEK meetings outside Paris, ones who regularly hosted anti-Iranian speakers. One day, “Daniel” wanted more than information. He wanted Saadouni’s wife to carry a makeup pouch containing explosives to one of the meetings and set it off there.
Investigators told the press the explosive was little more than a firecracker. It would make a loud noise but was unlikely to hurt anyone. Iranian Foreign Minister Javad Zarif called it a false flag attack designed to end cooperation between Iran and Europe.
Saadouni and his wife were arrested in Brussels, along with Assadollah Assadi and one other, noted as an accomplice to Assadi. This is the first instance of an Iranian diplomat being directly linked to any kind of attack in Europe. Two Iranian dissidents were killed in 2015 in the Netherlands which resulted in the expulsion of two Iranian diplomats, but Dutch authorities have yet to charge anyone.
Assadi was recently extradited to Belgium to face potential charges related to the bombing plot.