§ 2307-a. Commissions of attorney-executor\n 1. Disclosure. When an attorney prepares a will to be proved in the\ncourts of this state and such attorney, a then affiliated attorney, or\nan employee of such attorney or a then affiliated attorney is therein an\nexecutor-designee, the testator shall be informed prior to the execution\nof the will that:\n (a) subject to limited statutory exceptions, any person, including the\ntestator's spouse, child, friend or associate, or an attorney, is\neligible to serve as an executor;\n (b) absent an agreement to the contrary, any person, including an\nattorney, who serves as an executor is entitled to receive an executor's\nstatutory commissions;\n (c) absent execution of a disclosure acknowledgment, the attorney who\nprepared the will, a then affiliated attorney, or an employee of such\nattorney or a then affiliated attorney, who serves as an executor shall\nbe entitled to one-half the commissions he or she would otherwise be\nentitled to receive; and\n (d) if such attorney or an affiliated attorney renders legal services\nin connection with the executor's official duties, such attorney or a\nthen affiliated attorney is entitled to receive just and reasonable\ncompensation for such legal services, in addition to the executor's\nstatutory commissions.\n 2. Testator's written acknowledgment of disclosure. An acknowledgment\nby the testator of the disclosure required by subdivision one of this\nsection must be set forth in a writing executed by the testator in the\npresence of at least one witness other than the executor-designee. Such\nwriting, which must be separate from the will, but which may be annexed\nto the will, and which may be executed prior to, concurrently with or\nsubsequently to a will in which an attorney, a then affiliated attorney,\nor an employee of such attorney or a then affiliated attorney is an\nexecutor-designee and must be filed in the proceeding for the issuance\nof letters testamentary to the executor-designee.\n 3. Models of acknowledgment of disclosure. The following are models of\nthe testator's written acknowledgment of disclosure:\n (a) When set forth in a writing executed prior to or concurrently with\na will:\n Prior to signing my will, I was informed that:\n (i) subject to limited statutory exceptions, any person, including my\nspouse, my child, a friend or associate, or an attorney, is eligible to\nserve as my executor;\n (ii) absent an agreement to the contrary, any person, including an\nattorney, who serves as an executor for me is entitled to receive\nstatutory commissions for executorial services rendered to my estate;\n (iii) absent execution of this disclosure acknowledgment, the attorney\nwho prepared the will, a then affiliated attorney, or an employee of\nsuch attorney or a then affiliated attorney, who serves as an executor\nshall be entitled to one-half the commissions he or she would otherwise\nbe entitled to receive; and\n (iv) if such attorney serves as my executor, and he or she or another\nattorney affiliated with such attorney renders legal services in\nconnection with the executor's official duties, he or she is entitled to\nreceive just and reasonable compensation for those legal services, in\naddition to the commissions to which an executor is entitled.\n ______________________ _________________________\n (Witness) (Testator)\n Dated:________________ Dated:___________________\n (b) When set forth in a writing executed subsequently to the will:\n I, , have designated {my attorney},\n , {an attorney affiliated with my attorney}\n{an employee of my attorney or an affiliated attorney,} {a} {an}\n{executor} {alternate executor} {co-executor} (delete what is\ninapplicable) in my will dated ___________________.\n Prior to signing my will, I was informed that:\n (i) subject to limited statut‹ Prev All New York sections Next ›
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