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Slooten v. Estate Of Schneider-Janzen3/6/2001
claim by an appointed trustee, finding that the original action was a "legal nullity" and that there was nothing to which the attempted amendment could relate back). Van Slooten has never commenced an action against a personal representative of Schneider-Janzen's estate. Thus, there exists no action to which the amendment can relate back.
DECISION
Because respondent never served a summons on the personal representative of decedent's estate, respondent failed to commence an action against the estate and the district court erred by failing to dismiss the lawsuit for insufficiency of service of process.
Reversed.
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