As the one-year anniversary approaches of their son's disappearance in the choppy waters of northern Lake Huron, the parents of Charles Rutherford Jr. are ready to legally put him to rest. On Thursday, Presque Isle County Probate Judge Kenneth Radzibon is expected to rule on a motion by Charles Sr. and Patricia Rutherford to legally declare dead the Grosse Pointe Farms lawyer who vanished Aug. 11 during a boating trip with his live-in girlfriend, Lana Stempien. Tensions between the families of the two have escalated since Stempien's naked body was found Aug. 24 near Hammond Bay. "It hasn't even been a year yet (since he disappeared), and I'm surprised they are even doing this," said Tom Stempien, father of Lana Stempien, 35, who worked as a lawyer for the city of Detroit.