Gary E. Bashian Esq.
- Principal
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Email: [email protected]
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
- Not- for-Profit Corporation Law
- Trusts (Domestic and Off-Shore)
Bar Admissions
- New York
- Connecticut
- U.S. District Court Southern District of New York
- U.S. Court of Appeals 2nd Circuit
- U.S. Supreme Court
- U.S. Tax Court
- U.S. District Court District of Connecticut
Education
- New York University School of Law, New York, New York
- LL.M in Taxation
- Boston University School of Law, Boston, Massachusetts
- J.D.
- Gettysburg College, Gettysburg, Pennsylvania
- B.A.
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
- “Defeating Summary Judgment in an SCPA Turnover Proceeding”, State Bar Association Newsletter, Trusts and Estates Section , Spring, 2017
Representative Cases
- Estate of Alexander MacLeman Deceased, 2005
- In the Matter of the Jan Reynolds 1995 Revocable Living Trust
- In the Matter of the Estate of George J. Ferrara, 2006
- In re Matter of Carbone, 2012
- Matter of Cresap, 2016
- In the Matter of the Estate of Henry G. Miller, 2022
- In the Matter of Application of Community Bank NA, 2023
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 to 1978
- Estate & Gift Taxation of Estates up to $500,000, New York State Bar Association Speaker CLE Program, 1979 to 1979
- Estate Planning and Will Drafting, New York State Bar Association Speaker CLE Program, 1990 to 1990
- Administration of Decedent's Estate and Related Surrogate's Court Proceedings, Moderator, New York State Bar Association Speaker CLE Program, 1991 to 1991
- Practical Skills for Paralegals and Legal Assistants, New York State Bar Association Speaker CLE Program, 1992 to 1992
- Fiduciary Income Taxation, Moderator, New York State Bar Association Speaker CLE Program, 1992 to 1992
- Practical Skills Probate and Administration of Estates, New York State Bar Association Speaker CLE Program, 1992 to 1992
- The Use of Trusts in Planning for the Elderly, New York State Bar Association Speaker CLE Program, 1992 to 1992
- Basic Changes and New Direction in New York Trusts and Estate Practice, Chair, New York State Bar Association Speaker CLE Program, 1992 to 1992
- Settling an Estate, Moderator, New York State Bar Association Speaker CLE Program, 1993 to 1993
- Practical Skills Estate Planning and Will Drafting, Chair, New York State Bar Association Speaker CLE Program, 1993 to 1993
- Practical Skills Probate and Administration of Estates, New York State Bar Association Speaker CLE Program, 1994 to 1994
- Advanced Estate Planning, Chair, New York State Bar Association Speaker CLE Program, 1998 to 1998
- Practical Skills Estate Planning and Will Drafting, Chair, New York State Bar Association Speaker CLE Program, 2001 to 2001
- Hot Topics in Trusts and Estates Practice, Chair and Moderator, New York State Bar Association Speaker CLE Program, 2004 to 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 to 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 to 2006
- Will and Trust Planning: Federal & State Estate Tax Changes, Westchester County Bar Association Speaker CLE Program, 2006 to 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 to 2007
- Will Contests Including Preparation and Taking the Deposition and SCPA 1404 Witnesses, Westchester County Bar Association Speaker CLE Program, 2007 to 2007
- How to Avoid Conflicts with Your Children, Sterling Glen Nursing Home Speaker, 2007 to 2007
- How to Win in Surrogate's Court Through CPLR Pre-Hearing Discovery, Westchester Bar County Bar Association Speaker CLE Program, 2008 to 2008
- Ethical Issues in Estates and Trusts Litigation, Westchester County Bar Association Speaker CLE Program, 2009 to 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 to 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
- New York State Bar Association, Vice Chair, Estate Litigation Committee; Trusts & Estates Law Section, 1995
- New York State Bar Association, Elder Law Section, 1995 to 2013
- New York State Bar Association, Vice Chair, Litigation Committee, Elder Law Section, 2004 to 2013
- New York State Bar Foundation, Past Fellow
- New York State Bar Association, House of Delegates, Delegate, 1995 to 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
- YMCA of Central and Northern Westchester, Board of Directors, 2002 to 2008
- United States Tennis Association/Eastern Section, Inc./Junior Tennis Foundation, Board of Directors
- Estate Planning Council of Westchester, Director, 1972 to 1975
- Estate Planning Council of Westchester, Member, 1990 to 1993
- Westchester Conservatory of Music, Board of Directors Member, 2011 - Present