Gary E. Bashian Esq.

Gary E. Bashian Esq.

Principal
Location:
White Plains, New York
Phone:
914-290-4550 (Local)
888-892-9072 (Toll Free)
Fax:
914-946-5111
Email:

Email:  garybashian@bashianfarberlaw.com 

Mr. Bashian has concentrated his practice in the areas of estate planning, litigation related to estates, Wills, Trusts, Accountings, Elder Law and Guardianship matters, as well as litigation in business and corporate/commercial matters. He has acted as the lead attorney on an $80 million plus leveraged buyout and business litigation including business entities having values up to $500,000,000.00. 

In addition, he has extensive experience in drafting Estate and business related documents for high net worth individuals including all forms of revocable and irrevocable trusts such as Asset Protection Trusts, both domestic and off shore, Dynasty Trusts, QTIP Trusts (Qualified Terminable Interest Property Trusts), QPRT Trusts (Qualified Personal Resident Trusts), SNT Trusts (Supplemental Needs Trusts), Life Insurance Trusts, Revocable and Irrevocable Trusts, GRAT Trusts (Grantor Retained Annuity Trusts), other specialized trusts, Charitable Lead Trusts Business Operating Agreements and related documents. He has also been counsel to fiduciaries regarding estates of approximately $100,000,000.00+ and Charitable Remainder Trusts of up to $25,000,000.00.

He has been involved in the administration and litigation of both contested and non-contested estates, trusts, and guardianships from inception, through discovery to trial and verdict, both by jury and non-jury trials.

He is the Past President of the Westchester County Bar Association, having served two consecutive terms. He has served on the Executive Committee of the New York State Bar Association's Trusts and Estates Sections as Vice-Chair of its Estate Litigation Committee and on the Executive Committee of the New York State Bar Association's Elder Law Section as Vice-Chair of its Litigation Committee.

Areas of Practice

  • Estate, Trust and Private Wealth Planning
  • Wills
  • Trusts
  • Probate & Estate Administration
  • Elder Law Litigation
  • Estate & Trust Litigation
  • Elder Law & Medicaid Planning
  • Business & Commercial Law
  • Business & Commercial Litigation
  • Taxation Law
  • Legal Malpractice
  • Not- for-Profit Corporation Law
  • Trusts (Domestic and Off-Shore)

Bar Admissions

  • New York, 1968
  • Connecticut, 1981
  • U.S. District Court Southern District of New York, 1973
  • U.S. Court of Appeals 2nd Circuit, 1974
  • U.S. Supreme Court, 1973
  • U.S. Tax Court, 1976

Education

  • New York University School of Law, New York, New York
    • LL.M in Taxation - 1971
  • Boston University School of Law, Boston, Massachusetts
    • J.D. - 1967
  • Gettysburg College, Gettysburg, Pennsylvania
    • B.A. - 1964

Published Works

  • "Stock Dividends and Section 305: Realization and the Constitution", Duke Law, Vol. 1971, No. 6, 1972
  • Westchester Bar Journal (Contributing Editor/Author), Westchester County Bar Association, January, 1976
  • "Tax Tidbits", Westchester Bar Journal, 1977-1999
  • "Estate Litigation Tidbits", Westchester Bar Journal, 1999-present
  • "Discovery Under the Surrogate's Court Procedure Act", New York State Bar Journal and Westchester Bar Journal, 1994
  • Estate Litigation Course Book (Contributing Co-Author), New York State Bar Association Committee on Continuing Legal Education, 2002
  • "Surrogate's Court Discovery: Recent Cases Illustrate Changes Under Provisions of SCPA", New York State Bar Journal, 2004
  • "Article 15: Short Form Power of Attorney - A Valuable Tool", Westchester County Bar Association Newsletter, December, 2005
  • New Durable Statutory Power of Attorney Form Enacted with Major Changes Effective September 1, 2009, Westchester County Bar Association Newsletter
  • 5 Reasons Why We Fell in Love With The Durable Statutory Short Form Power of Attorney and Statutory Major Gifts Rider From, Co-Author, Westchester County Bar Association Newsletter, 2009
  • Top Five Concerns About the New Statutory Short Form Power of Attorney, Westchester County Bar Association Newsletter, 2009
  • Revoking a Waiver and Consent is Not as Easy as You Think, Co-Author, New York State Bar Association Trust and Estates Quarterly Newsletter, Spring 2010
  • Death-Bed "Quickie" Marriages Held To Be Void Ab Initio By Appellate Division, New York State Association Trust and Estates Section Quarterly Newsletter, Summer 2010
  • Equity Prevails and voids Marriage Between Aids and Aged Patients, New York State Bar Association Trusts and Estates Section Newsletter, 2010
  • Death-Bed "Quickie" Marriages Held To Be Void Ab Initio By Appellate Division, New York State Bar Association Trusts and Estates Section Newsletter, 2010
  • Revoking Waiver and Consent Is Not As Easy As You Think, New York State Bar Association Trusts and Estates Section Newsletter, 2010
  • Court of Appeals Rules There is Privity Between the Estate Planner and the Client's Personal Estate Representative: But No Privity to Beneficiaries of the Estate, New York State Bar Association Trusts and Estates Section Newsletter, 2010
  • Singer Contra Cohen, New York's Evolving Approach to In Terrorem Clauses, New York State Bar Association Trusts and Estates Section Newsletter, 2010
  • Court of Appeals Overturns Itself in HYDE and Approves Allocating Estate's Attorney's Fees Against Objecting Beneficiaries If Litigation Against Estate is Vexatious, Westchester County Bar Association Newsletter, 2010
  • Technical Corrections to the New Statutory Power of Attorney and Statutory Major Gifts Rider, Westchester County Bar Association Newsletter, 2010
  • Supreme Court Westchester Sends Original Last Will & Testament of Article 81 Incapacitated Person to Surrogate's Court of Westchester: Clash of Jurisdictions In Our Own Backyard, Westchester County Bar Association Newsletter, 2010
  • Attorney Client Privity Is Alive and Well Now, Even When You're Dead, Westchester County Bar Association Newsletter, 2010
  • A Posthumous Primer on Undue Influence: Taschereau, Westchester County Bar Association Newsletter, 2011
  • Summary Judgment Motion in a Will Contest: An Updated Proponent's Perspective (extended), New York State Bar Association Trusts and Estates Section Newsletter, 2011
  • Summary Judgment and Contested Accountings, Not Just For Petitioner Anymore: Fiduciaries Beware, New York State Bar Association Trusts and Estates Section Newsletter, 2011
  • Successful Summary Judgment by Objectant In Contested Accounting Proceedings on the Rise, New York State Bar Association Trusts and Estates Section Newsletter, 2011
  • Elder Abuse: Tragedy and Triumph A Practitioner's Perspective, Westchester County Bar Association Newsletter, October 2011
  • I Did, But I Don't: Vacatur of a Probate Decree Admitted on Consent Rarely Granted, Westchester County Bar Association Newsletter, January 2012
  • No Interest Too Small for Beneficiary Standing and Revocable Trusts, Westchester County Bar Association Newsletter, January 2012
  • Surrogate's Court Wrongful Death Compromises 101, Westchester County Bar Association Newsletter, 2012
  • Turning The (board room) Tables: Corporate Dissolution at Common Law, Westchester County Bar Association Newsletter, January 2013
  • Contemptible: Enforcing Money Judgments In Surrogate's Court, New York State Bar Association Trusts and Estates Section Newsletter, December 2013
  • “Deposition Practice In The Surrogate’s Court, A Pre And Post Objection Primer”, Westchester County Bar Association Newsletter, 2014
  • “Post Appeal Motions To Renew In The New York State Supreme Court”, WCBA Westchester Lawyer, January, 2015
  • “Winning a Contested Probate Proceeding - Using medical Records to Establish Lack of Testamentary Capacity", WCBA Westchester Lawyer , September, 2015
  • Constructive Trusts and the “Elastic” Power of Equity, New York State Bar Trusts and Estates Section, Winter 2015-2016
  • Guardianships Under Article 81 of the Metal Hygiene Law: The Basics, WCBA Westchester Lawyer, January, 2016
  • “Potts and Freeman Updated: Surrogate’s Court Criteria and Rationale for Fixing Legal Fees in Estates” New York State Bar Association Trusts and Estates Section Newsletter, Fall 2016

Representative Clients

  • United States Tennis Association, Eastern Section, Inc.
  • Powers Products, LLC
  • Powers Fasteners, Inc.
  • HSBC Bank
  • The Thomas Carvel Charitable Remainder Unitrust
  • New Rochelle Public Library
  • BNY/Mellon
  • JP Morgan Chase Bank, N.A.

Classes/Seminars

  • Accounting & Income Tax Management for Small Estates, New York State Bar Association Speaker CLE Program October 22, 1976 and November 5, 1976
  • Estate Probate & Administration for Estates up to $500,000, New York State Bar Association Speaker CLE Program, 1978
  • Estate & Gift Taxation of Estates up to $500,000, New York State Bar Association Speaker CLE Program, 1979
  • Estate Planning and Will Drafting, New York State Bar Association Speaker CLE Program, 1990
  • Administration of Decedent's Estate and Related Surrogate's Court Proceedings, Moderator, New York State Bar Association Speaker CLE Program, 1991
  • Practical Skills for Paralegals and Legal Assistants, New York State Bar Association Speaker CLE Program, 1992
  • Fiduciary Income Taxation, Moderator, New York State Bar Association Speaker CLE Program, 1992
  • Practical Skills Probate and Administration of Estates, New York State Bar Association Speaker CLE Program, 1992
  • The Use of Trusts in Planning for the Elderly, New York State Bar Association Speaker CLE Program, 1992
  • Basic Changes and New Direction in New York Trusts and Estate Practice, Chair, New York State Bar Association Speaker CLE Program, 1992
  • Settling an Estate, Moderator, New York State Bar Association Speaker CLE Program, 1993
  • Practical Skills Estate Planning and Will Drafting, Chair, New York State Bar Association Speaker CLE Program, 1993
  • Practical Skills Probate and Administration of Estates, New York State Bar Association Speaker CLE Program, 1994
  • Advanced Estate Planning, Chair, New York State Bar Association Speaker CLE Program, 1998
  • Practical Skills Estate Planning and Will Drafting, Chair, New York State Bar Association Speaker CLE Program, 2001
  • Hot Topics in Trusts and Estates Practice, Chair and Moderator, New York State Bar Association Speaker CLE Program, 2004
  • What Every Accountant Should Know About Elder Law, Medicaid, Wills and Trusts and the Rules of Each Which Are Often Times Contrary, Westchester County Bar Association Speaker CLE Program, 2005
  • The New Medicaid Law: Life (Elsewhere in the Elder Law Practice) Goes On... Drafting Powers of Attorney (after Ferrara), New York State Bar Association Speaker CLE Program, 2006
  • Will and Trust Planning: Federal & State Estate Tax Changes, Westchester County Bar Association Speaker CLE Program, 2006
  • Discovery & Turnover Proceedings by a Guardian or Other Fiduciary Under MHL Section 81.43 and SCPA 2103, Moderator, Westchester County Bar Association Speaker CLE Program, 2007
  • Will Contests Including Preparation and Taking the Deposition and SCPA 1404 Witnesses, Westchester County Bar Association Speaker CLE Program, 2007
  • How to Avoid Conflicts with Your Children, Sterling Glen Nursing Home Speaker, 2007
  • How to Win in Surrogate's Court Through CPLR Pre-Hearing Discovery, Westchester Bar County Bar Association Speaker CLE Program, 2008
  • Ethical Issues in Estates and Trusts Litigation, Westchester County Bar Association Speaker CLE Program, 2009
  • Everything You Wanted to Know About Planning for the Middle Class (But Were to Afraid to Ask), New York State Bar Association Speaker CLE, 2005
  • Powers of Attorney, Moderator, Westchester County Bar Association Speaker CLE, February 2010
  • Drafting Skills to Avoid Litigations, Pace Law School Speaker CLE, April 2010
  • Powers of Attorney: Practice and Litigation, 2012 - New York State Bar Association Speaker
  • How to Avoid Malpractice Suits Against Trusts and Estates Attorneys: Ramifications of Schneider, 2012 - Westchester County Bar Association Speaker
  • Fiduciary Responsibilities: The Role of Executors And Trustees And Judicial Remedies, Westchester County Bar Association Speaker CLE Program June 24, 2015
  • Winning a Will Contest, New York State Bar Association Speaker CLE Program Webcast, Fall, 2015
  • Will Contests From Pre-SCPA 1404 Discovery to Trial-Alpha to Omega, Westchester County Bar Association, Speaker CLE Program, June, 2016

Professional Associations and Memberships

  • Westchester County Bar Association, Past President
  • Westchester County Bar Foundation, Past Secretary
  • Westchester County Bar Association, Chairman, Trust & Estate Section & Past Chairman, Tax Section, 2004 - 2007
  • Westchester County Bar Association, Elder Law Committee
  • New York State Bar Association, Member, Business Law; Commercial & Federal Litigation; Elder Law
  • New York State Bar Association, Member, Tax; Trusts & Estates Law
  • New York State Bar Association, Executive Committee, Trusts & Estates Law Section, 1994 - Present
  • New York State Bar Association, Vice Chair, Estate Litigation Committee; Trusts & Estates Law Section, 1995 - Present
  • New York State Bar Association, Elder Law Section, 1995 - 2013
  • New York State Bar Association, Vice Chair, Litigation Committee, Elder Law Section, 2004 - 2013
  • New York State Bar Foundation, Past Fellow
  • New York State Bar Association, House of Delegates, Delegate, 1995 - 1998
  • Greenwich Bar Association, Member, Litigation, Real Property, Probate and Trust Law, Taxation
  • Connecticut Bar Association, Member, , Litigation, Real Property, Probate and Trust Law, Taxation
  • American Bar Association, Member, Litigation; Real Property; Probate & Trusts; Taxation
  • Westchester Women's Bar Association, Member, 1994 - Present
  • YMCA of Central and Northern Westchester, Board of Directors, 2002 - 2008
  • United States Tennis Association/Eastern Section, Inc./Junior Tennis Foundation, Board of Directors
  • Estate Planning Council of Westchester, Director, 1972 - 1975
  • Estate Planning Council of Westchester, Member, 1990 - 1993
  • Westchester Conservatory of Music, Board of Directors Member, 2011 - Present