Brenda Heist: How to come back from the dead

 
Brenda Heist before her disappearance and after. Brenda Heist before her disappearance (left) and after

Brenda Heist went missing without a trace 11 years ago and was later declared dead. What happens now that she's back?

In 2002, Pennsylvania accounts clerk Brenda Heist set dinner out to defrost, folded some laundry, and took her daughter and son, eight and 12, to school.

Then she disappeared, taking a spur-of-the-moment decision to join a group of homeless hitchhikers on their way to Florida.

She had been in the middle of an amicable divorce and had recently learned she had been denied housing support.

Several years and countless hours devoted to the investigation later, her husband Lee went to court and had Brenda declared officially dead.

Brenda Heist, now 54, is suddenly back, having been found living the life of a vagrant in Florida. So what happens next?

That someone has been declared dead in absentia in the first place implies that the person has abandoned her life and responsibilities for quite some time.

Normally, a death certificate is issued once a doctor can verify a person is deceased. But in the case where there is no body, the requirements are more demanding.

"They're only legally dead if a court says they are. There has to be a court proceeding for the determination," says Patti Spencer, an attorney in Lancaster, Pennsylvania.

In some cases, petitioners must present affidavits and good-faith evidence that the person in question cannot be located. In other cases, the passage of time is proof enough.

"It can be done at any time. However, if they are absent for seven years, a presumption arises that they are dead."

She notes that these cases are handled through state courts, so statutes may vary from state to state. In Pennsylvania, the assumption is seven years. In other states, it's five.

Most states also have a disaster clause, instituted after the 9/11 attacks, that allow for death certificates to be issued soon after a mass calamity rather than forcing loved ones to wait for years.

Start Quote

When people contact me and they want to disappear, I tell them: don't burn bridges, you might want to come back”

End Quote Frank Ahearn Privacy consultant

Heist - who told police she slept under bridges, scavenged food from restaurant bins and begged - had been missing for more than the required seven years when her husband filed to have her declared legally dead in Pennsylvania.

When his wife disappeared he was initially investigated as a possible murder suspect, but cleared.

The declaration allowed him to remarry without having finalised his divorce from Heist.

It also triggered a payout of her life insurance policy.

Her death would have been reported to the Social Security Administration.

Any government benefits she may have been receiving would have been stopped, and her Social Security number would have been voided for any use to claim government services.

While getting a death certificate for a missing person can be time consuming, reversing it takes considerably less effort - namely, a trip to the courthouse by Heist.

"A court would just rescind it," says Professor Lee-ford Tritt, director of Estate Planning at University of Florida, who says it would do so quickly once Heist had made an appearance in front of a judge.

"That's not going to be a problem."

But in many ways, the legal paperwork is the easy part.

Rescinding the death certificate won't undo all the actions that followed the declaration of death in absentia.

The good news, says Spencer, is that Pennsylvania law "covers a lot of bases" in the event that a person declared dead shows up alive.

Back on the grid

  Empty kayak

Heist is not the only person to come back after being presumed dead, though she did not deliberately try to fake her death:

  • John Burney (1976-1982) - the Arkansas man drifted to Florida after a late-night car accident; he was trying to escape personal and professional debts. He returned to the state to visit his ailing father, and was found liable for life insurance money paid out in his name.
  • John Darwin (2002) - Darwin took a canoe out one night and then failed to show up for work. Though he was declared dead a year later, he was for a time living right next to his house; he and his wife eventually fled to Panama. He returned to the UK in 2007, claiming amnesia. He and his wife were sentenced to six years for fraud

For instance, a death certificate allows the person's property to be distributed to heirs.

But in the case of a court-issued death certificate, "the person entitled, a spouse or kid, has to post a refunding bond", before the property is distributed, says Spencer.

"If the person comes back, like this poor lady did, 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," she says.

But that only applies to the estate - possessions and real estate owned before the death.

It doesn't cover any life insurance payouts - and now that Heist is not, in fact, dead, the life insurance company will want their money back.

"What will probably happen is the company is going to sue her, but she's homeless and doesn't have any money," says Tritt.

He says the husband could be liable for "unjust enrichment" and forced to pay the money back.

Then there's the remarriage. Most states have statutes on the book that consider the marriage ended once the person is declared dead, whether or not that person turns up alive.

Their reappearance cannot disrupt any new marriages that might have taken place.

While she was living in Florida, Heist worked some small jobs under the table. Tritt doubts she will be liable to pay taxes, since she probably earned less than the federal minimum required for taxable income.

She may not face any legal repercussions, either.

"As long as you have no intention of defrauding anyone, as long as you don't profit from it, you can just walk away and that's it," says Frank Ahearn, a privacy consultant in New York City and author of How to Disappear.

But that doesn't mean she'll escape punishment of one kind or another.

"When people contact me and they want to disappear, I tell them: don't burn bridges, you might want to come back," he says.

Her family - including her ex-husband and two children, now grown - had to live with hope that she would return, and then mourn her once she was declared dead. That damage will be difficult to reverse.

Heist's daughter, Morgan Heist, now a 19-year-old college student, said she is not eager to restart their relationship.

Her ex-husband, who was reportedly shunned by some neighbours after his wife's disappearance, is also still coming to terms with her return.

"It's a real kick in the teeth to think your parents are dead. Her husband was a suspect," Ahearn says.

"Life was tough for you and you just disappear, and now you're back? It's not that easy to reintegrate."

Brenda Heist may be back from the dead, but her actions will continue to haunt her family.

 

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  • rate this
    +3

    Comment number 39.

    38: Sure, she had a breakdown - lot's of people do. 11 years- and not a word. Nothing justifies torturing your own children that way.

  • rate this
    0

    Comment number 38.

    Maybe she had some kind of breakdown...anyone considered that?

  • rate this
    +3

    Comment number 37.

    "this poor lady" You've got to be kidding me, I can't think of anything more self centered, cruel and absolutely heartless than leaving your young children alone to grieve and mourn you. Leaving is one thing, not bothering to make a 20 second call and let people know you moved on is such a pathetic level of cowardness, and shows such a lack of concern, it boggles the mind.

  • rate this
    +5

    Comment number 36.

    Have you ever experienced rejection and the depression that goes with it, and what it does to your self esteem and self worth? If you have not, don't judge. This woman paid for her decision as you can see from her photo. Her long suffering husband is willing to forgive her.
    Hope you are not practicing/training to be a psychiatrist.
    Your practice will dwindle to zero clients with your attitude.

  • Comment number 35.

    This comment was removed because the moderators found it broke the house rules. Explain.

  • rate this
    -3

    Comment number 34.

    I know of a famous publicist, probably be able to help, think he has a branch in Amrica. He is a bit busy but, the potential for a book and a film, might just tempt him.

  • rate this
    +11

    Comment number 33.

    Cobbett, I think you're making a few assumptions here about how bad her life was. It was an 'amicable divorce' and the fact that she ran off after dropping the children off to school probably indicates that she was in custody of them.

    In any even, I find it very hard to feel sorry for her when she ran off leaving her children to think that she was dead and their dad a potential murderer.

  • rate this
    0

    Comment number 32.

    Divorces are very stressful. They are apparently more stressful than being sent to prison. Where will you live? Will you have enough money to eat? Will you be able to pay rent etc. I am not entirely surprised she upped and left.

  • rate this
    +20

    Comment number 31.

    Seven (or even five) years of limbo sounds awfully hard on the remaining family. And expecting people to pay back insurance money they honestly claimed and needed to deal with the expenses of losing a family member even harsher.

    If she had simply said, "I'm going" and walked out, they wouldn't have got any insurance money. Hard to know who's worse off: widow(er)s, divorce(e)s or this man.

  • rate this
    -2

    Comment number 30.

    Sometimes in life our "Resistance is Low" & "Her Resistance was Low"...

    She was visited by a "Do it" concept, rather than a "Think about it" one.


    And she "Did it" on the "Spur"!

  • rate this
    0

    Comment number 29.

    Denied housing could mean entry into government subsidized housing for low income families.

    She may have skipped because if she turned the children over to her ex and stayed as the non-constodial parent she would have had to pay child support - and that would have conflicted with her mid life crises.

  • rate this
    -1

    Comment number 28.

    To me not too a special story

  • rate this
    +2

    Comment number 27.

    26: I know that she walked away from her responsibilities, & worse, her children who needed her. *IF* she was mentally ill (none of her family have mentioned that, BTW) there was help available. She made a cold hearted choice & must now live with the consequences.

    About the UK murders, all I know is what I read in the papers, to quote Will Rogers, or rather these days what I see on cable TV

  • rate this
    +1

    Comment number 26.

    23.LALondoner You seem to know the couple very well. How fortunate that, unlike a number of recent divorce-related cases in the UK, she didn't kill them all.

  • Comment number 25.

    This comment was removed because the moderators found it broke the house rules. Explain.

  • rate this
    -1

    Comment number 24.

    Two words: mental illness.

  • rate this
    -7

    Comment number 23.

    20 Cobbett: Ah, let's all say "ah'. On planet earth Heist was expected to get a grip, keep calm and carry on. She is not the only one to be divorced, and she had children, too, who needed her. What a wimp! Her husband did everything right, following legal procedures, raising their kids, keeping it together, remarrying only once she was legally declared dead. She did it all wrong, selfish twerp!

  • Comment number 22.

    This comment was removed because the moderators found it broke the house rules. Explain.

  • rate this
    +8

    Comment number 21.

    Those who have never been there have no idea the torture of mental illness! What mother would leave her children and take off with hitch-hikers? Some might exploit the system but there are those who are genuinely ill and therefore need social support to survive. Do not blame this woman until you know the facts!

  • rate this
    +12

    Comment number 20.

    Being divorced and denied housing support - if that doesn't say "Go away" I don't know what does. So she did. When divorce happens so many people are expected to loose their home, family and all the support that goes with it and behave entirely reasonably, go and sit in a rented room somewhere and keep the money coming. On what planet does anyone expect this to happen without repercussions?

 

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