IN RE ESTATE OF FLEMING

No. 4D00-2934.

786 So.2d 660 (2001)

In re ESTATE OF William J. FLEMING, Deceased. Janice M. Becklund, Appellant, v. Donna M. Fleming, as Personal Representative of the Estate of William J. Fleming, deceased, Appellee.

District Court of Appeal of Florida, Fourth District.

June 13, 2001.


Attorney(s) appearing for the Case

Robert L. Donald of the Law Office of Robert L. Donald, Fort Myers and Robert E. Bone, Jr. of Cottrell, Warchol, Merchant & Rollings, LLP, Cape Coral, for appellant.

J. Stephen Tierney of Neill, Griffin, Jeffries, Fowler, Tierney & Neil Chartered, Fort Pierce, for appellee.


KLEIN, J.

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:

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