District Court of Appeal of Florida June 13, 2001, No. 4D00-2934 (Becklund v. Fleming)

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