Gary E. Bashian, Esq.

born New York, N.Y.; admitted to bar, New York, Connecticut, U.S. District Court for the Southern District of New York, U.S. Supreme Court, U.S. Court of Appeals for the Second Circuit and U.S. Tax Court. Education: Gettysburg College (A.B.); Boston University (J.D.); New York University (LL.M. in Taxation). General Counsel, United States Tennis Association/ Eastern Section, Incorporated, 2002-2004. Director, Estate Planning Council of Westchester, 1972-1975, 1990-1993. Delegate, New York State Bar Association House of Delegates, 1995-1998; Board of Directors: YMCA of Central and Northern Westchester, 2002-2008; United States Tennis Association/Eastern Section, Inc. Junior Tennis Foundation, 2001-Present. Member: Westchester County (Chairman, Tax Section, 1977-1980; Chairman, Trusts and Estates Section, 2004-2007; Treasurer, 1981-1989; Vice President, 1989-1993, President-Elect, 1993-1995; President, 1995-1997. White Plains; New York State (Member Sections in: Business Law; Commercial and Federal Litigation; Elder Law; Tax; Trusts and Estates Law Section, 9th Judicial District Representative to Trusts and Estates Law Section, 1990-1994; Executive Committee, Trusts and Estates Law Section, 1994—; Tax Section Committee on Partnerships, 2005—; Tax Section Committee on Estates and Trusts, 2005—; Vice Chair, Estate Litigation Committee, Trusts and Estates Law Section, 1995-2013); Vice-Chair, Practice and Ethics Committee 2013-2016; Vice-Chair Practice and Ethics Committee 2016- Greenwich, Connecticut; Connecticut and American (Member, Sections In: Litigation; Real Property, Probate and Trust Law; Taxation). Bar Associations: American Bar Association, New York State Bar Association, Westchester County Bar Association, White Plains Bar Association, Westchester Women's Bar Association 1997. Speaker: New York State Bar Association CLE program on, Accounting & Income Tax Management for Small Estates, October 22, 1976 and November 5, 1976; New York State Bar Association CLE program on, Estate Probate & Administration for Estates up to $500,000 Fall 1978; New York State Bar Association CLE program on, Estate & Gift Taxation of Estates up to $500,000 Fall 1979; New York State Bar Association CLE program on, Estate Planning and Will Drafting Spring 1990; New York State Bar Association Moderator CLE program on, Administration of Decedent's Estate and Related Surrogate's Court Proceedings Spring 1991; New York State Bar Association CLE program on, Practical Skills for Paralegals and Legal Assistants Spring 1992; New York State Bar Association Moderator CLE program on, Fiduciary Income Taxation Spring 1992; New York State Bar Association CLE program on, Practical Skills Probate and Administration of Estates Fall 1992; New York State Bar Association CLE program on, The Use of Trusts in Planning for the Elderly Fall 1992; New York State Bar Association Chair CLE program on, Basic Changes and New Direction in New York Trusts and Estate Practice Fall 1992; New York State Bar Association Moderator CLE program on, Settling an Estate Spring 1993; New York State Bar Association Chair CLE program on, Practical Skill Estate Planning and Will Drafting Fall 1993; New York State Bar Association Speaker CLE program on, Practical Skills Probate and Administration of Estates Fall 1994; New York State Bar Association Speaker CLE program on, Practical Skills Probate and Administration of Estates Fall 2004; New York State Bar Association Chair CLE program on, Advanced Estate Planning Fall 1998; New York State Bar Association Chair CLE program on, Practical Skills Estate Planning and Will Drafting Fall 2001; Westchester County Bar Association, Speaker, program on, Will Contests Including Preparation and Taking the Deposition and SCPA 1404 Witnesses, May, 2004; New York State Bar Association Chair and Moderator on Hot Topics in Trusts and Estates Practice, Fall, 2004; Westchester County Bar Association CLE program on What Every Accountant Should Know About Elder Law, Medicaid, Wills and Trusts and the Rules of Each Which Are Often Times Contrary, Summer 2005; New York State Bar Association CLE program on The New Medicaid Law: Life (Elsewhere in the Elder Law Practice) Goes On & Drafting Powers of Attorney (after Ferrara), Winter 2006; Westchester County Bar Association, Speaker, Program on, Wills and Trust Planning: Federal and State Estate Tax Changes, June, 2006; Westchester County Bar Association CLE program Moderator on Discovery & Turnover Proceedings by a Guardian or Other Fiduciary Under MHL Section 81.43 and SCPA 2103, Spring 2007; Westchester County Bar Association, CLE program on Will Contests Including Preparation and Taking the Deposition and SCPA 1404 Witnesses, May, 2007; How to Avoid Conflicts with Your Children, Sterling Glen Nursing Home, 2007; Westchester Bar County Bar Association, CLE program on How to Win in Surrogate's Court through CPLR Pre-Hearing Discovery, Summer 2008; Westchester County Bar Association, CLE program on Ethical Issues in Estates and Trusts Litigation, Summer 2009; Westchester County Bar Association Newsletter "New Durable Statutory Power of Attorney Form Enacted with Major Changes, Effective September 1, 2009.", April, 2009; New York State Bar Association, CLE Program on, Everything You Wanted to Know About Estate Planning for the Middle Class Client (But Were to Afraid to Ask), June, 2009; "5 Reasons Why We fell in Love with the Durable Statutory Short Form Power of Attorney and Statutory Major Gifts Rider Form, Co-Author, Westchester County Bar Association Newsletter, October, 2009; Westchester County Bar Association Newsletter "Top Five Areas of Concern About the New Statutory Short Form Power of Attorney." December, 2009; Westchester County Bar Association, Moderator, CLE Program on, Powers of Attorney, February, 2010; Pace Law School CLE Drafting Skills to Avoid Litigations, Speaker, April, 2010; WCBA Trusts & Estates Law Section Speaker June, 2011, June 2012, June, 2013, June 2014, June 2016, June 2017 all regarding Estate Litigation; New York State Bar Association September 25, 2017, October 3, 2017 & October 23, 2017. Author: Stock Dividends and Section 305: Realization and the Constitution, Duke Law Journal, Vol. 1971, No. 6, 1972; Tax Tidbits, Westchester Bar Journal, 1977-1999. Co-Author: Estate Litigation Tidbits, 1999-Present; Discovery Under the Surrogate's Court Procedure Act, New York State Bar Journal and Westchester Bar Journal, 1994; Contributing Co-Author: Estate Litigation Course Book, 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, Contributing Editor/Author, January, 1976-Present, Westchester Bar Journal. Estate Litigation Tidbits, Author, Westchester County Bar Journal, Spring/Summer, 2010; 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, Co-Author, New York State Trust and Estates Bar Association Quarterly Newsletter, Summer, 2010; New York State Bar Association Trusts and Estates Section, Article, Waivers and Consents, Spring, 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", Singer Contra Cohn, "New York's Evolving Approach to In Terrorem Clauses"; Estate Litigation Tidbits Spring/Summer 2010; WCBA Newsletter 2010 "Equity Prevails and Voids Marriage Between Aides and Aged Patients", "Court of Appeals Overturns Itself in Hyde and Approves Allocating Estate's Attorney's Fees Against Objecting Beneficiaries if Litigation Against Estate is Vexatious", Technical Corrections to the New Statutory Power of Attorney and Statutory Major Gifts Rider; Westchester County Bar Association Estates and Trusts Section in Fiduciary Litigation, "Self Dealing by Trustees", Speaker, June, 2010; Pace Law School CLE, Elder Law and Abuse Seminar Fraud and Exploitation of the Elderly for Attorneys, Speaker, June, 2010; Westchester County Bar Association Newsletter, "Equity Prevails and Voids Marriage Between Aides and Aged Patients, July, 2010. Trust and Estates Section NYSBA Newsletter 2011 "Summary Judgment Motion in a Will Contest: An Updated Proponent's Perspective"; WCBA Estate Litigation Tidbits Spring/Summer 2011; WCBA Estate Litigation Tidbits Fall/Winter 2011; WCBA Estate Litigation Tidbits Fall/Winter 2012; WCBA Estate Litigation Tidbits Spring/Summer 2013; WCBA Estate Litigation Tidbits Winter/2016; WCBA Estate Litigation Tidbits Spring 2017; WCBA Newsletter 2011 "Summary Judgment and Contested Accountings, Not Just For Petitioner Anymore; Fiduciaries Beware", "Supreme Court Westchester Sends Original Last Will and Testament of Article 81 Incapacitated Person to Surrogate's Court of Westchester: Clash of Jurisdictions In Our Own Backyard"; WCWBA 2011, "A Posthumous Primer On Undue Influence: Taschereau"; NYSBA Journal June 2011 "Summary Judgment Motion in a Will Contest: an Updated Proponent's Perspective"; [1st Lt., Judge Advocate General’s Corps., United States Army Reserve]. WCBA Newsletter 2011 "Elder Abuse: Tragedy and Triumph A Practitioner's Perspective"; WCBA Newsletter 2012 "I Did But Now I Don't...Vacatur of a Probate Decree Admitted on Consent Rarely Granted"; Estate Litigation Tidbits Winter/Spring 2012; WCBA Newsletter 2012 "No Interest Too Small for Beneficiary Standing and Revocable Trusts"; WCBA Newsletter 2013 "Turning the (Board Room) Tables: Corporate Dissolution at Common Law", WCBA Newsletter 2013 "A Practical and Balanced Approach to SCPA 117 Fiduciary Suspension and Revocation". WCBA Newsletter 2014 "Even Death Is No Excuse For Negligence". WCBA News Letter August, 2014 "Deposition Practice In The Surrogate's Court, A Pre And Post Objection Primer". "Winning A Will Contest" NYSBA CLE Program Webcast, Fall 2015. Westchester Lawyer WCBA January 2015 "Post Appeal Motions To Renew In The New York State Supreme Court". NYSBA Trusts and Estates Law Section Newsletter Winter 2015 Vol. 48 No. 4 "Constructive Trusts and the "Elastic" Power or Equity". Westchester Lawyer January 2016 "Guardianships -The Basics Under Article 81 of the Mental Hygiene Law”. New York State Bar Association Newsletter Fall, 2016 “Potts and Freeman Updated: Surrogate’s Court Criteria and Rationale For Fixing Legal Fees in Estates”. New York State Bar Association Newsletter Spring, 2017 Trusts and Estates Section “Defeating Summary Judgment in an SCPA Turnover Proceeding”. REPORTED CASES: Probate Proceeding, 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, 2006 N.Y. Slip Op. 26087; In the Matter of the Estate of George J. Ferrara, Deceased, 7 N.Y.3d 244, 852 N.E.2d 138, 819 N.Y.S.2d 215 (2006); In Re Matter of Carbone 101 AD 3D 866 Appellate Division 2nd Dept. (2012). Matter of Cresap, 50 Misc. 3d 1226(A), 2016 N.Y. Misc. LEXIS 728 (Sur. Ct. Westchester County 2016). PRACTICE AREAS: Probate and Estate Administration; Trusts and Estates; Estate, Trust and Accounting Litigation; Elder Law; Guardianship and Guardianship Litigation; Corporate and Commercial Litigation; Tax Law; Corporate Law; High Net Worth Matrimonial Law.