In re the Estate of Brokken

OPINION OF THE COURT

Renee R. Roth, S.

*245The novel question regarding the estate of James R Brokken is whether the disclosure requirements of Surrogate’s Court Procedure Act § 2307-a may be waived by the beneficiaries of his will so that the attorney-fiduciary may receive full commissions. Testator died on November 3, 2005, at the age of 64, survived by five siblings. He left an estate valued at approximately $3.5 million. Under his will, executed on December 16, 1994, testator divided his residuary estate among his siblings. Under article ninth of the will, he named one of his brothers and his…