Jeanette A. Stengel, as Personal Representative of the Estate of Dale E. Stengel v. Heartland Bank
DueProcess
Whether a state probate rule barring a personal representative from invoking the discovery rule for fraud claims, based on the representative's knowledge rather than the decedent's, violates the Due Process Clause of the Fourteenth Amendment when the decedent was fraudulently induced to act and the fraud could not have reasonably been discovered due to active concealment by the defendant
1. Whether a state probate rul e barri ng a personal representati ve from i nvoki ng the di scovery rule for fraud cl aims, based on the representati ve’s knowl edge rather than the decedent’s, vi olates the Due Process Cl ause of the Fourteenth Amendment when the decedent was fraudul ently induced to act and the fraud coul d not have reasonabl y been discovered due to acti ve conceal ment by the defendant. 2. Whether a state court’s refusal to permi t amendment of a compl aint to al lege fraudul ent conceal ment vi olates the consti tutional right of access to courts where the fraud cl aim otherwi se coul d not be di scovered before the decedent’s death. iii