Successor Personal Representative of Estate can file suit after limitations period has run on initial P.R.
In McGill-Kohler v. Hasan and North Oakland Medical Center, the Court of Appeals reaffirmed the right of a successor Personal Representative to file a wrongful death claim, if the claim is filed within two years of the successor's appointment by the Probate Court. The trial court had dismissed the claim, measuring the two-year statute of limitations from the date letters of authority were issued to the original P.R. The case had been dismissed once before, without prejudice, when the initial P.R. failed to file suit within two years of her appointment. The Estate's attorneys took advantage of the wrongful death savings provision to secure a new limitations period by appointing a new P.R.