Unsupervised Estate: Elnor Bugher v. William Mark Bugher

CourtIndiana Court of Appeals
DecidedJune 15, 2026
Docket25A-EU-02826
StatusPublished
AuthorJudge Brown

This text of Unsupervised Estate: Elnor Bugher v. William Mark Bugher (Unsupervised Estate: Elnor Bugher v. William Mark Bugher) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Unsupervised Estate: Elnor Bugher v. William Mark Bugher, (Ind. Ct. App. 2026).

Opinion

FILED Jun 15 2026, 8:54 am

CLERK Indiana Supreme Court Court of Appeals and Tax Court

IN THE

Court of Appeals of Indiana In the Matter of the Estate of William C. Bugher (Deceased), Elnor Bugher, Appellant-Respondent

v.

William Mark Bugher and Robert C. Bugher, In Their Capacities as Co-Personal Representatives Herein, Appellees-Petitioners

June 15, 2026 Court of Appeals Case No. 25A-EU-2826 Appeal from the Gibson Circuit Court The Honorable Greg A. Granger, Special Judge Trial Court Cause No. 26C01-2202-EU-131

Opinion by Judge Brown

Court of Appeals of Indiana | Opinion 25A-EU-2826 | June 15, 2026 Page 1 of 16 Judges Altice and DeBoer concur.

Brown, Judge.

[1] Elnor Bugher (“Elnor”) appeals the trial court’s October 24, 2025 judgment in

favor of William Mark Bugher (“Mark”) and Robert C. Bugher (“Robert,” and

together with Mark, “Personal Representatives”) in their capacities as personal

representatives of the Estate of William C. Bugher (the “Estate”). We reverse

and remand.

Facts and Procedural History

[2] William C. Bugher (“Chick”) and Shirley K. Bugher (“Shirley”) were married

in 1958 and had two children, Mark and Robert. Chick was a farmer and

owned real property in Gibson County. In February 1986, the court issued an

Order on Dissolution of Marriage in cause number C-85-215 (“Cause No. 215”)

dissolving Chick and Shirley’s marriage. 1 The court approved a property

settlement agreement providing that Shirley would receive certain real estate,

her IRA, and $562,000 payable in installments and Chick would receive real

estate, farm equipment, and bank accounts. Also, paragraph D of the

settlement agreement (“Paragraph D”) stated:

[Chick] shall promptly make and execute and keep in full force and effect a will under which he shall devise and bequeath his entire net

1 Mark and Robert were adults at the time of the dissolution.

Court of Appeals of Indiana | Opinion 25A-EU-2826 | June 15, 2026 Page 2 of 16 estate to his two (2) children, namely: Robert Clark Bugher and William Mark Bugher, in equal shares. . . . [Chick] may not defeat or void this provision of this Agreement by the use of gifts, joint property or trust unless such joint property, gifts or trusts are for the benefit of the parties’ two (2) sons as herein set forth.

Exhibits Volume IV at 39-40. Chick later married Maria P. Bugher, and their

marriage was dissolved in 1997. 2 On July 23, 1998, Chick signed a last will and

testament which provided that the residue of his estate be distributed to The

William C. Bugher Revocable Living Trust dated July 23, 1998 (the “Trust”).

The Trust contained provisions related to the distribution, upon Chick’s death,

of certain farm property and equipment to Mark and the distribution of the

remaining assets to Mark and Robert.

[3] Chick and Elnor were married on August 22, 2009. Chick conveyed a

residence he had constructed and the surrounding 27.03 acres (the “Residential

Parcel”) to himself and Elnor, as husband and wife, pursuant to a deed

executed on November 18, 2009. 3 In July 2010, Chick designated Elnor as the

beneficiary of a life insurance policy. At various times, Chick transferred funds

into joint accounts held by himself and Elnor. 4 Chick primarily managed his

2 The court approved a settlement agreement providing that Maria would receive real estate and $125,000. 3 The deed stated that “WILLIAM C. BUGHER, individually and as Trustee of The William C. Bugher Revocable Living Trust, dated July 23, 1998, . . . CONVEYS and WARRANTS to WILLAM C. BUGHER and ELNOR BUGHER, husband and wife, . . . the following described Real Estate . . . .” Exhibits Volume IV at 77. Elnor indicated the home was “recently built right before [the] marriage.” Transcript Volume II at 217. 4 Chick and Elnor held joint accounts at First National Bank of Carmi (signature document dated October 31, 2013, stating “JOINT – WITH SURVIVORSHIP”), Wells Fargo (application dated March 30, 2014, stating “Joint Tenants with Rights of Survivorship”), Edward Jones (account agreement dated April 15,

Court of Appeals of Indiana | Opinion 25A-EU-2826 | June 15, 2026 Page 3 of 16 and Elnor’s household finances, and he “kept track of all the banking.”

Transcript Volume III at 8. Chick executed a power of attorney in August 2019

naming Elnor as his attorney in fact. 5 Chick passed away on October 5, 2021.

Elnor consolidated the funds in the joint accounts into an account in her name.

[4] On February 9, 2022, Personal Representatives filed a Petition for Probate of

Will, and on February 14, 2022, the court issued an order admitting Chick’s last

will and testament to probate. Mark and Robert, as beneficiaries of the Estate

or the Trust, received over 1,300 acres of farmland as well as equipment,

buildings, and other capital assets. Counsel for Personal Representatives sent a

letter dated July 10, 2023, to Elnor’s counsel, stating that it was a “settlement

demand/compromise offer” and set forth proposed compromise terms which

included Elnor transferring $3,000,000 and the Residential Parcel, subject to

Elnor retaining a life estate, to the Trust. Exhibits Volume IV at 81. On

September 8, 2023, Personal Representatives filed a “Petition to Enforce

Written Demand or Instruction from Personal Representatives.” Exhibits

Volume IV at 97.

[5] In October 2024, Elnor filed a motion for summary judgment arguing that the

sums remaining in the joint accounts and the Residential Parcel belonged to her

2014, stating “Joint Tenancy WROS”), Fifth Third Bank (statement for period ending February 12, 2016, stating “WILLIAM C BUGHER OR ELNOR BUGHER”), and Baird (account application dated August 4, 2019, stating “WILLIAM C BUGHER & ELNOR BUGHER JT TEN”). Exhibits Volume IV at 144, 150, 164, 178, 183. An account with Old National Investments in Chick’s name alone with a balance of $182,352.33 on September 30, 2021, was distributed through the Estate. 5 Elnor testified that she never took any action as Chick’s attorney in fact.

Court of Appeals of Indiana | Opinion 25A-EU-2826 | June 15, 2026 Page 4 of 16 upon Chick’s death as a matter of law. She also argued that Mark and Robert

failed to timely file a claim in the Estate or comply with Ind. Code Chapter 32-

17-13, titled “Liability of Nonprobate Transferees for Creditor Claims and

Statutory Allowances” (“Nonprobate Transferees Act”). The court denied the

motion. In August 2025, the court held a bench trial.

[6] On October 24, 2025, the trial court issued Findings of Fact, Conclusions of

Law, and Judgment. The court found that Chick’s transfer of the Residential

Parcel to himself and Elnor and the placement of Elnor’s name on the

investment accounts violated the dissolution order entered in Cause No. 215. It

found that “Elnor lacks clear and convincing evidence of the existence of a

different investment account ownership intent than as prescribed in IC § 32-17-

11-17, during Chick’s lifetime.” Appellant’s Appendix Volume II at 21. The

court found that Personal Representatives are entitled to judgment for the

recovery of the fair market value of Chick’s investments and bank accounts as

of his date of death of $3,232,000 plus prejudgment interest of $592,533, and it

ordered Elnor to convey the Residential Parcel to the Estate. On February 9,

2026, the court ordered Elnor to pay attorney fees of $79,157.50. 6

Discussion

[7] We review the trial court’s findings of fact under a clearly erroneous standard.

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