Estate of Mapes CA1/2

STATEMENT OF THE CASE AND FACTS

John R. Mapes (decedent) died on November 27, 1999, survived by his wife, Tonjia, and three adult sons from a prior marriage.1 In 1993, decedent had executed a will and established a trust, naming Stephen executor of the will and trustee of the trust. The beneficiaries of the trust include appellants, Tonjia, Tonjia’s mother, and a number of grandchildren. Decedent’s will was admitted to probate and Letters Testamentary

1 For convenience, as the parties share the same surname, this opinion will refer to respondent and appellants by their first names. No disrespect is intended.

1 were issued to Stephen in March 2000. The will devised all of decedent’s estate to the trust. During 2000, disputes arose between Tonjia and appellants, and Tonjia filed a number of petitions for relief. Tonjia was represented by Bette Epstein, of Crosby, Heafey Roach & May (Crosby), and Keith Schiller, of Schofield and Schiller. Stephen, as trustee, was represented by John Hartog. John and Clifford were not represented by counsel. The parties participated in a settlement conference before Judge Richard Hodge on February 14 and 15, 2001, and reached an agreement, the…