Recent Ruling Defines "Issued" Date For Letters Of Authority In Wrongful Death Cases

In an opinion published on May 14, 2019, the Michigan Court of Appeals clarified when letters of authority are "issued" to a personal representative for purposes of determining the running of the two year period of limitation provided by the wrongful death savings provision of MCL 600.5852. Estate of Jesse v Lakeland Specialty Hospital (Docket No. 341805). In Jesse, the Court of Appeals held that letters of authority are "issued" to the personal representative for purposes of MCL 600.5852 on the date the probate judge signs the letters of authority. The Jesse panel "revived" precedent temporarily set in Lentini v Urbancic, 262 Mich App 552; 686 NW2d 510 (2004) ("Lentini I") where the Lentini I panel rendered the same holding. The binding nature of the Lentini holding had been eliminated when the Supreme Court vacated the opinion on other grounds. Lentini v Urbancic, 472 Mich 885 (2005) ("Lentini II"). The Jesse panel adopted the reasoning of Lentini I and explicitly