Indiana woman contested father’s will to leave entire estate to his fiancée after death, lost the appeal, was ordered to pay $22,208 and now faces additional appellate penalty

An Indiana woman who challenged her late father’s decision to leave his entire estate to his fiancée has lost her legal battle and must pay $22,208.18 in legal fees. The appeals court also ordered a lower court to calculate additional attorney fees after finding bad faith in her appeal.

Larry Davis, 79, died on September 2, 2022, in Marion County, Indiana. His will, signed on December 28, 2020, left his entire estate to his fiancée, Michelle Tressler, with whom he had lived since 2012. His three adult children, Sherry, Scott and Stacia Davis, were excluded unless Tressler died before him.

Stacia challenged the will on October 25, 2022, alleging that her father lacked the mental capacity to make it and that the document involved improper execution, undue influence, duress or fraud. The Indiana Court of Appeals upheld the will and the legal-fee order, finding insufficient admissible evidence to invalidate the document.

Why did the court uphold the will despite the daughter’s objections?

The will contained a self-proving clause, which created a rebuttable presumption that it had been properly executed. Two witnesses, Laurie Allen and Nichelle Jackson, confirmed their signatures during a February 2025 hearing, although they did not remember every detail of the signing.

Stacia presented partial hospital records from a July 2020 stay and a MetLife Beneficiary Confirmation document. The trial court excluded both as hearsay. The court admitted the will, Tressler’s specific power of attorney and an affidavit submitted during the proceedings.

The affidavit became a separate issue after it claimed Jackson had not witnessed the will’s signing. Jackson testified that the signature on the affidavit was not hers. Stacia said the document had arrived unexpectedly in the mail and that she did not know who had sent it. The trial court found the affidavit fraudulent.

In its amended judgment dated June 18, 2025, the trial court found the will properly executed and Stacia’s testimony not credible. It concluded she had failed to prove her allegations or establish a valid reason to overturn the will. The appeals court agreed.

Why was the daughter ordered to pay $22,208 in legal fees?

The estate dispute involved 431 docket entries across the estate and will-contest proceedings. The trial court found that Stacia’s extensive discovery had not produced admissible evidence supporting her allegations and that her involvement had contributed to the need for a special administrator.

Tressler had initially served as the estate’s personal representative. On July 31, 2024, the trial court removed her because of delays in estate administration and appointed attorney Robert W. York as special administrator.

York sought $26,198.61 in legal fees. The trial court ordered Stacia to pay $22,208.18, with the remaining fees payable from the estate. Stacia conceded that $14,080 of the award was payable by her, but the court upheld the larger amount, attributing the fees to the will contest and her involvement.

The courts relied on Indiana Code Section 29-1-10-13 and the trial court’s authority to sanction bad-faith conduct.

Why could the daughter face another legal bill after losing her appeal?

Stacia filed her appeal on August 1, 2025, representing herself. The appellate court noted that her filing came 44 days after the June 18 judgment and raised uncertainty about timeliness. However, because York did not contest the issue, the court considered the merits.

The court criticised several defects in her appeal. Her appendix omitted required case summaries and verification, included eight documents not admitted at trial, and lacked necessary references to the court record. It also cited legal cases that either did not exist at the references provided or did not support the arguments made.

The appellate court found procedural and substantive bad faith. Under Indiana Appellate Rule 66(E), courts can award attorney fees for frivolous appeals or those pursued in bad faith.

The court granted York’s request for additional appellate attorney fees and sent the case back to the lower court to determine the amount. The additional sum has not yet been fixed.

The Indiana Court of Appeals issued its decision on October 14, 2026, affirming the judgment and remanding the case to calculate the additional fees.