Appellate Division of the Supreme Court of the State of New York July 7, 2011 (In re the Estate of Iris H.)

Kavanagh, J.

Petitioner and respondent are sisters and coexecutors of the estate of their deceased mother who, in her will, left each an equal share of her residuary estate. In November 2007, Richard D. Wickerham was retained to serve as counsel for the estate, and he executed a retainer agreement wherein he would receive 5% of the estate’s total tax value as his fee.