In re the Estate of Wagoner

Appeal from an order of the Surrogate’s Court of Albany County (Doyle, S.), entered January 10, 2005, which reduced petitioner’s commissions for failure to comply with SCPA 2307-a.

Decedent’s will designated petitioner, a paralegal for the attorney who drafted the will, as executor of his estate. Despite the fact that petitioner is not an attorney, decedent executed a disclosure statement pursuant to SCPA 2307-a stating that he had been informed that he could appoint, any person as executor, the executor would be entitled to statutory commissions, and an attorney is entitled to counsel fees in…