Geiger v. United States Department of Justice

Petitioner/conservator Gerald M. Geiger and intervener Birgit Carlsen Geiger appeal from the order of the probate court denying the petition filed under Probate Code section 12401 to presume and declare as dead Lewis Michael Geiger (Michael) after he had not been seen or heard from for a continuous period of five years.

Gerald and Birgit, Michael’s wife at the time of his disappearance, challenge the probate court’s interpretation of section 12401 and contend its findings are not supported by substantial evidence. Birgit also claims the court erred in not setting the date of Michael’s death as December 4, 1983, the date he disappeared. As we explain, we affirm the probate court’s decision.

Factual and Procedural Background

One day before Michael was to be sentenced in federal court for cocaine possession and distribution, his boat was found abandoned four miles off the shore of Huntington Beach, California, with his wallet and spatters of human blood on board. His car and boat trailer were found near the Huntington Beach dock.

When Michael failed to appear for sentencing on December 5, 1983, the federal district court judge declared his bond forfeited and issued a…