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AVERY v. AVERY

No. 49S05-1102-PL-76.

953 N.E.2d 470 (2011)

Rod L. AVERY and Marshall K. Avery, Appellants (Defendants below), v. Trina R. AVERY, Appellee (Plaintiff below).

Supreme Court of Indiana.

September 20, 2011.

Attorney(s) appearing for the Case

Janice E. Smith , John A. Cremer , Michael P. Bishop , Indianapolis, IN, attorneys for appellants.

Robert W. York , Indianapolis, IN, attorney for appellee.

DICKSON, Justice.

Contending that the filing of an answer as required by Indiana Trial Rule 7 is not required in a will contest action, the defendants-appellants are challenging the default judgment entered against them in the trial court. The Court of Appeals affirmed. Avery v. Avery, 932 N.E.2d 1280 (Ind.Ct.App.2010). We agree. The Indiana Trial Rules apply to will contest actions, and the failure to file an answer or responsive...

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