Summary
The Supreme Court of Indiana held that the Indiana Trial Rules apply to will contest actions and require a defendant to file an answer or other appropriate responsive pleading. The court affirmed the default judgment against Rod and Marshall Avery because they failed to file a timely response to the will contest complaint.
Topics
Practice areas
Questions Presented
- Whether the Indiana Trial Rules apply to a statutorily created will contest action.
- Whether a defendant in a will contest must file an answer or other responsive pleading under Indiana Trial Rules 7 and 12.
- Whether failure to file an answer or responsive pleading may support entry of default judgment under Indiana Trial Rule 55.
Holdings
- The Indiana Trial Rules apply to will contest actions because they govern procedure and practice in civil suits, including suits of statutory origin, unless an applicable exception provides otherwise.
- A defendant in a will contest must timely file an answer or other proper responsive pleading as required by the Indiana Trial Rules.
- A party who fails to file a timely answer or other proper response in a will contest may be defaulted under Indiana Trial Rule 55(A).
Key quotations
“The Indiana Trial Rules apply to will contest actions, and the failure to file an answer or responsive pleading in accordance with Trial Rule 7 may result in a default judgment.” (953 N.E.2d at 471)
“The Trial Rules require the timely filing of an answer or responsive pleading and do not exempt will contest actions from the requirement.” (953 N.E.2d at 472)
Factual background
Mary Louise Avery died in April 2009. Her daughter, Trina Avery, became personal representative of the supervised estate, while her sons Rod and Marshall petitioned to remove Trina and to probate a November 14, 2008 will naming Rod as personal representative. After that will was admitted to probate, Trina filed a will contest alleging undue influence, fraud, duress, and a later January 14, 2009 will that revoked the 2008 will. Rod and Marshall received summonses requiring an answer or other responsive pleading but filed none, leading to entry of default judgment.
Procedural history
After Trina Avery filed a separate action contesting her mother's 2008 will, summonses informed the defendants that an answer or other appropriate response was required within twenty days or default judgment could be entered. Rod and Marshall Avery filed no answer or responsive pleading. The trial court denied their motion to dismiss the motion for default judgment and entered default judgment against them. The Court of Appeals affirmed, and the Indiana Supreme Court affirmed as well.