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Attorneys

Gary E. Bashian 
White Plains, New York
Principal
phone (914) 946-5100
fax (914) 946-5111
email Email Me

Mr. Bashian has concentrated his practice in the areas of litigation in Will, Trust, Accounting, 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 Charitable Lead Trusts Business Operating Agreements and related documents. He has also been counsel to fiduciary's 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 the inception and discovery through 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, 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 Planning
Wills
Trusts
Probate & Estate Administration
Elder Law Litigation
Estate & Trust Litigation
Elder Law & Medicaid Planning
Business & Commercial Law
Business Organizations
Taxation Law
Legal Malpractice
Not- for-Profit Corporation Law
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, 1971
LL.M in Taxation


Boston University School of Law, Boston, Massachusetts, 1967
J.D.


Gettysburg College, Gettysburg, Pennsylvania, 1964
A.B.


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-


"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


Representative Cases:
Estate of Alexander MacLeman Deceased, 9 Misc.2d 1119A, 808 N.Y.S.2d 918 (2005)
In the Matter of the Jan Reynolds 1995 Revocable Living Trust, N.Y. Slip Op. 26087
In the Matter of the Estate of George J. Ferrara, 7 N.Y. 3d 244, 852 N.E. 2d 138 (2006)
In the Matter of the Estate of George J. Ferrara, 819 N.Y.S.2d 215 (2006)
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
The Bank of New York
JP Morgan Chase Bank, N.A.
Classes/Seminars Taught:
Accounting & Income Tax Management for Small Estates, New York State Bar Association CLE Program October 22, 1976 and November 5, 1976


Estate Probate & Administration for Estates up to $500,000, New York State Bar Association CLE Program, 1978


Estate & Gift Taxation of Estates up to $500,000, New York State Bar Association CLE Program, 1979


Estate Planning and Will Drafting, New York State Bar Association CLE Program, 1990


Administration of Decedent's Estate and Related Surrogate's Court Proceedings, Moderator, New York State Bar Association CLE Program, 1991


Practical Skills for Paralegals and Legal Assistants, New York State Bar Association CLE Program, 1992


Fiduciary Income Taxation, Moderator, New York State Bar Association CLE Program, 1992


Practical Skills Probate and Administration of Estates, New York State Bar Association CLE Program, 1992


The Use of Trusts in Planning for the Elderly, New York State Bar Association CLE Program, 1992


Basic Changes and New Direction in New York Trusts and Estate Practice, Chair, New York State Bar Association CLE Program, 1992


Settling an Estate, Moderator, New York State Bar Association CLE Program, 1993


Practical Skills Estate Planning and Will Drafting, Chair, New York State Bar Association CLE Program, 1993


Practical Skills Probate and Administration of Estates, New York State Bar Association CLE Program, 1994


Advanced Estate Planning, Chair, New York State Bar Association CLE Program, 1998


Practical Skills Estate Planning and Will Drafting, Chair, New York State Bar Association CLE Program, 2001


Hot Topics in Trusts and Estates Practice, Chair and Moderator, New York State Bar Association, 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 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 CLE Program, 2006


Will and Trust Planning: Federal & State Estate Tax Changes, Westchester County Bar Association 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 CLE Program, 2007


Will Contests Including Preparation and Taking the Deposition and SCPA 1404 Witnesses, Westchester County Bar Association CLE Program, 2007


How to Avoid Conflicts with Your Children, Sterling Glen Nursing Home, 2007


How to Win in Surrogate's Court Through CPLR Pre-Hearing Discovery, Westchester Bar County Bar Association CLE Program, 2008


Ethical Issues in Estates and Trusts Litigation, Westchester County Bar Association CLE Program, 2009


Professional Associations and Memberships:
Westchester County Bar Association
Past President


Westchester County Bar Foundation
Past Secretary


Westchester County Bar Association, 2004 - 2007
Chairman, Trust & Estate Section & Past Chairman, Tax Section


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, 1994 - Present
Executive Committee, Trusts & Estates Law Section


New York State Bar Association, 1995 - Present
Vice Chair, Estate Litigation Committee; Trusts & Estates Law Section


New York State Bar Association, 1995 - Present
Executive Committee, Elder Law Section


New York State Bar Association, 2004 - Present
Vice Chair, Litigation Committee, Elder Law Section


New York State Bar Foundation
Past Fellow


New York State Bar Association, 1995 - 1998
House of Delegates, Delegate


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, 1994 - Present
Member


YMCA of Central and Northern Westchester, 2002 - 2008
Board of Directors


United States Tennis Association/Eastern Section, Inc./Junior Tennis Foundation
Board of Directors


Estate Planning Council of Westchester, 1972 - 1975
Director


Estate Planning Council of Westchester, 1990 - 1993
Member


Office Location

BASHIAN & FARBER, LLP

235 Main Street
White Plains, NY 10601

Telephone:
(914) 290-4550
(914) 946-5100

Toll-Free:
(888) 892-9072

Fax:
(914) 946-5111

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