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p0281 A person seeking to rely on the presumption of death created by the Family Code following five years continuous absence that is not satisfactorily explained after diligent search or inquiry has the burden of showing that the missing person's absence cannot be satisfactorily explained any other way, and if the evidence indicates the possibility that the missing person remains a fugitive, the presumption has not been established.
In re STARR (Presumption of Death) 104 CA4 487 [See: ProbC 12401; EvC 667; Conservatorship of Geiger 3 CA4 127]
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