Becklund v. Fleming

Although William Fleming died in 1995, no estate was opened for probate until 1997, more than two years after Fleming’s death. The issue on appeal is whether the decedent’s former wife, who is a creditor, can bring an action against the estate after the running of the statutory two year period of non-claim, if the person who became personal representative fraudulently induced her to delay filing her claim.

Section 733.710 provides in part:(1) Notwithstanding any other provision of the code, 2 years after the death of a person, neither the decedent’s estate, the personal representative (if…