Current Employment Position(s)

Principal

Lawyer Overview

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

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.

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)

West Practice Categories

Business & Commercial Law, Commercial Leasing, Contracts, Business Organizations, Business Successions, Closely Held Businesses, Corporate Governance, Directors' & Officers' Liability, Dissolution, Formation & Business Planning, Limited Liability Companies, Non-profit & Tax-exempt Organizations, Partnerships, Shareholders' Rights, Estate Planning, Elder Law, Guardianships & Conservatorships, Living Wills, Powers of Attorney and Appointment, Trusts, Wills, Family Law, Prenuptial Agreements, Litigation & Appeals, Complex Litigation, Tax Litigation, Probate & Estate Administration, Estate Administration, Real Estate Law, Commercial Real Estate, Condominiums & Cooperatives, Residential Real Estate, Taxation Law, Estate & Gift Taxation

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

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)

Classes and Seminars

• 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

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

Address

235 Main Street
White Plains, NY 10601

Phones

(914) 946-5100

Faxes

(914) 946-5111

Emails

Contact Us

Websites

http://www.lawyers.com/bfplaw
http://www.bashianfarberlaw.com