Ray v. Ready

The Supreme Court affirmed the judgment of the circuit court denying Appellant’s motion to amend her complaint to name the personal representative of her deceased husband’s estate as the proper party defendant and dismissing the action as time-barred, holding that the circuit court did not err.The decedent executed a holographic will that excluded his wife, Ray, as a beneficiary of his estate. Following her husband’s death, Appellant filed an action to claim her elective share of the augmented estate. The administratrix of the estate was not named as a party to the action. When Appellant realized the error, she requested that the circuit court enter an order adding the administratrix to the complaint as a party defendant. The circuit court denied the motion and dismissed the action as time-barred. The Supreme Court affirmed, holding (1) Appellant failed to identify the proper party defendant in the complaint as filed; and (2) Appellant was time-barred from bringing a new and proper action against the estate’s personal representative. View "Ray v. Ready" on Justia Law