Chargin

I. FACTUAL AND PROCEDURAL BACKGROUND

In 2005, Chargin was named successor trustee of the “Joseph A. Chargin III Revocable Living Trust.” In 2009, Chargin retained Maynard to represent him in his capacity as successor trustee of the Trust in litigation brought by Chargin’s siblings2 (hereafter the beneficiaries) relating to his management of the Trust. At a December 23, 2010 hearing, the trial court sustained the beneficiaries objections to Chargin’s petition for settlement of account of approval of trustee and attorney fees. In its written order, filed January 5, 2011, the trial court surcharged Chargin for (1) “$47,285.00 for attorney and ‘executor’ fees set forth in the account which have already been paid and not substantiated”; (2) “$337.50 for . . . accountant fees . . . for the ‘Trust Accounting’ ”; (3) “$23,734.82 for disbursements for which [Chargin] has not provided adequate documentation in support thereof, and $275.32 for

2 Gregory C. Chargin and Joseph A. Chargin IV brought the action against Chargin in their capacity as beneficiaries of the Trust.

2 disbursements that [Chargin], individually, is responsible for paying”; and (4) a total of $34,246.43 in attorney…