Thibodeau v. Estate of Wilkinson

GRIMM, Judge.

Appellant Norman Thibodeau was injured in an automobile accident that resulted in the death of the other driver, William Wilkinson. Thibodeau sued Wilkinson’s estate, alleging decedent was negligent. However, he did not file his claim against decedent’s probate estate for more than one year after the first publication of notice of letters testamentary granted.

The estate moved to dismiss, alleging the claim was time barred. Following oral argument, the trial court sustained the motion.

On appeal, Thibodeau argues that the limitations statute the estate relied on has been declared…