“Droll thing life is -- that mysterious arrangement of merciless logic for a futile purpose. The most you can hope from it is some knowledge of yourself -- that comes too late -- a crop of inextinguishable regrets.” ― Joseph Conrad Clients often...
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Estate Litigation Tidbits Spring/Summer 2011
On Behalf of Bashian P.C. | Jul 15, 2015 | Uncategorized
By: Gary E. Bashian PROBATE DECREE MUST BE VACATED BEFORE 1404 DISCOVERY CAN PROCEED. In 2008, Petitioner submitted for probate the Last Will and Testament of Decedent, which was executed in 1994. Oddly, the affidavit of attesting witnesses was not executed...
Estate Litigation Tidbits Fall/Winter 2014
On Behalf of Bashian P.C. | Jul 15, 2015 | Uncategorized
Surrogate’s Summary Judgment Roundup – Very Interesting! A Series of Recent Decisions from Surrogate’s Throughout Metropolitan New York, Further Highlight the Increased Use of Summary Judgment in the Courts. Matter of Lubin, 30 Misc. 3d 1234A [Bronx...
Estate Litigation Tidbits Fall 2006
On Behalf of Bashian P.C. | Jul 15, 2015 | Uncategorized
“INITIALLY” IT SEEMED IMPORTANT: DUE EXECUTION OF WILL DEMONSTRATED EVEN WHEN “INITIALS” AND SIGNATURE DID NOT MATCH In this contested probate proceeding, Westchester County Surrogate, Hon. Anthony A. Scarpino, found that in...
Equity Prevails and Voids Marriage Between Aides and Aged Patients
On Behalf of Bashian P.C. | Jul 15, 2015 | Uncategorized
As ever growing segments of the American population transition into senior citizenship, there has been an alarming rise in what is broadly known as Elderly abuse. Neglect, financial exploitation, physical and or mental abuse, are all forms of elder mistreatment that...
Equitable Distribution: Marital vs. Separate Property in a Divorce
On Behalf of Bashian P.C. | Jul 15, 2015 | Uncategorized
Marriage is the chief cause of divorce. – Groucho Marx Perhaps second only to the issue of child custody, determining what assets are—or are not—subject to Equitable Distribution is the most important factor that shapes matrimonial litigation. Since...
Elder Abuse: Tragedy and Triumph, a Practitioner’s Perspective
On Behalf of Bashian P.C. | Jul 15, 2015 | Uncategorized
“My isolation leaves me weak, however just my cause. But opposing you, old as I am, I will stop at nothing.” - Sophocles. As practitioners, Jurists, and medical professionals alike have all increasingly recognized, elder abuse is one of the most...
Draft your Will with an Attorney
On Behalf of Bashian P.C. | Jul 15, 2015 | Uncategorized
Many people go through life without much thought to how their property will be divided upon their death. People are typically either too busy to deal with the subject or they do not want to deal with it for emotional reasons. However, there are at least two reasons...
Discovery Under the Surrogate’s Court Procedure Act: a Primer
On Behalf of Bashian P.C. | Jul 15, 2015 | Uncategorized
Often when the issue of a discovery proceeding is raised in either a will contest, accounting contest or related litigated estate matter, the initial reaction by the attorney is to assume that reference is being made to the discovery and disclosure permitted by...
“Death Bed” “Quickie” Marriages Held to be Void Ab Initio by Appellate Division
On Behalf of Bashian P.C. | Jul 15, 2015 | Uncategorized
Elder abuse, including the financial exploitation of elderly individuals, especially by non family members, who have become mentally incapacitated[1] is an unfortunate and growing problem in our society. The unique vulnerabilities of those abused, the easily...

