Cases & Insights
Publications & Speaking
Gary E. Bashian is a frequent lecturer and author. The list below is reproduced from his professional profile.
Articles & Publications
February 2026
“Strictly by the Rules: Surrogate Courts’ Procedural Discipline in Estate Litigation”
Westchester Lawyer, Vol. 13 No. 2
2023
“An Evidentiary Puzzle: Dismissal of an Undue Influence Objection Upon Summary Judgment”
NYSBA Trusts and Estates Law Section Journal, Vol. 56 No. 4
July 12, 2021
“An Appellant’s (Mostly) Procedural Guide to Noticing, Filing, and Perfecting an Appeal from the Surrogate’s Court to the Appellate Divisions”
NYSBA Trusts & Estates Law Section Journal, Vol. 54 No. 2
May 2021
“The Doctrine of Incorporation by Reference: A Legal Efficiency, With Caveats”
Westchester Lawyer
Late Fall 2020
“The Probate Exception: From Jurisdictional Shotgun to Jurisdictional Scalpel”
New York State Bar Association Newsletter, Vol. 53 No. 4
Spring 2017
“Defeating Summary Judgment in an SCPA Turnover Proceeding”
New York State Bar Association Trusts and Estates Section 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
January 2016
“Guardianships — The Basics Under Article 81 of the Mental Hygiene Law”
Westchester Lawyer
Winter 2015
“Constructive Trusts and the “Elastic” Power or Equity”
NYSBA Trusts and Estates Law Section Newsletter, Vol. 48 No. 4
January 2015
“Post Appeal Motions to Renew in the New York State Supreme Court”
Westchester Lawyer (WCBA)
August 2014
“Deposition Practice in the Surrogate’s Court, A Pre and Post Objection Primer”
WCBA Newsletter
2014
“Even Death Is No Excuse for Negligence”
WCBA Newsletter
2013
“A Practical and Balanced Approach to SCPA 117 Fiduciary Suspension and Revocation”
WCBA Newsletter
2013
“Turning the (Board Room) Tables: Corporate Dissolution at Common Law”
WCBA Newsletter
2012
“No Interest Too Small for Beneficiary Standing and Revocable Trusts”
WCBA Newsletter
2012
“I Did But Now I Don’t … Vacatur of a Probate Decree Admitted on Consent Rarely Granted”
WCBA Newsletter
2011
“Elder Abuse: Tragedy and Triumph, A Practitioner’s Perspective”
WCBA Newsletter
2011
“Summary Judgment Motion in a Will Contest: An Updated Proponent’s Perspective”
NYSBA Journal (June 2011); NYSBA Trusts and Estates Section Newsletter (2011)
2011
“A Posthumous Primer on Undue Influence: Taschereau”
WCWBA
2011
“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”
WCBA Newsletter
2011
“Summary Judgment and Contested Accountings, Not Just for Petitioner Anymore; Fiduciaries Beware”
WCBA Newsletter
July 2010
“Equity Prevails and Voids Marriage Between Aides and Aged Patients”
WCBA 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”
WCBA Newsletter
2010
“Technical Corrections to the New Statutory Power of Attorney and Statutory Major Gifts Rider”
WCBA 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”
Outlet to be confirmed
2010
“New York’s Evolving Approach to In Terrorem Clauses”
Outlet to be confirmed
Summer 2010
““Death Bed” “Quickie” Marriages Held To Be Void Ab Initio by Appellate Division”
New York State Trusts and Estates Bar Association Quarterly Newsletter · Co-Author
Spring 2010
“Revoking a Waiver and Consent Is Not As Easy As You Think”
NYSBA Trusts and Estates Quarterly Newsletter · Co-Author
Spring 2010
“Waivers and Consents”
NYSBA Trusts and Estates Section
December 2009
“Top Five Areas of Concern About the New Statutory Short Form Power of Attorney”
WCBA Newsletter
October 2009
“5 Reasons Why We Fell in Love with the Durable Statutory Short Form Power of Attorney and Statutory Major Gifts Rider Form”
WCBA Newsletter · Co-Author
April 2009
“New Durable Statutory Power of Attorney Form Enacted with Major Changes, Effective September 1, 2009”
WCBA Newsletter
December 2005
“Article 15: Short Form Power of Attorney — A Valuable Tool”
WCBA Newsletter
2004
“Surrogate’s Court Discovery: Recent Cases Illustrate Changes Under Provisions of SCPA”
New York State Bar Journal
2002
“Estate Litigation Course Book”
NYSBA Committee on Continuing Legal Education · Contributing Co-Author
1994
“Discovery Under the Surrogate’s Court Procedure Act”
New York State Bar Journal and Westchester Bar Journal · Co-Author
1972
“Stock Dividends and Section 305: Realization and the Constitution”
Duke Law Journal, Vol. 1971, No. 6
Recurring Columns
- Estate Litigation Tidbits
Co-Author, 1999–present. Issues listed include Spring/Summer 2010, Spring/Summer 2011, Fall/Winter 2011, Winter/Spring 2012, Fall/Winter 2012, Spring/Summer 2013, Winter 2016, Spring 2017, Winter 2017, Spring 2018, Winter 2018, Spring 2019, Winter 2019 and 2020/2021 (Westchester County Bar Association). - Tax Tidbits
Author, Westchester Bar Journal, 1977–1999. - Westchester Bar Journal
Contributing Editor/Author, January 1976–present.
Speaking & Continuing Legal Education
May 21, 2019
Probate Litigation: A Mock Surrogate’s Court Procedure Act 1404 Examination of an Attorney-Draftsperson
Westchester County Bar Association
September 25, October 3 and October 23, 2017
Program topic to be confirmed
New York State Bar Association
June 2011, 2012, 2013, 2014, 2016 and 2017
Estate Litigation
WCBA Trusts & Estates Law Section · Speaker
Fall 2015
Winning a Will Contest
NYSBA CLE Program Webcast
June 2010
Self-Dealing by Trustees
Westchester County Bar Association Estates and Trusts Section, Fiduciary Litigation · Speaker
June 2010
Fraud and Exploitation of the Elderly for Attorneys (Elder Law and Abuse Seminar)
Pace Law School CLE · Speaker
April 2010
Drafting Skills to Avoid Litigations
Pace Law School CLE · Speaker
February 2010
Powers of Attorney
Westchester County Bar Association CLE · Moderator
June 2009
Everything You Wanted to Know About Estate Planning for the Middle Class Client (But Were Too Afraid to Ask)
New York State Bar Association CLE
Summer 2009
Ethical Issues in Estates and Trusts Litigation
Westchester County Bar Association CLE
Summer 2008
How to Win in Surrogate’s Court through CPLR Pre-Hearing Discovery
Westchester County Bar Association CLE
2007
How to Avoid Conflicts with Your Children
Sterling Glen Nursing Home
May 2007
Will Contests Including Preparation and Taking the Deposition and SCPA 1404 Witnesses
Westchester County Bar Association CLE
Spring 2007
Discovery & Turnover Proceedings by a Guardian or Other Fiduciary Under MHL Section 81.43 and SCPA 2103
Westchester County Bar Association CLE · Moderator
June 2006
Wills and Trust Planning: Federal and State Estate Tax Changes
Westchester County Bar Association · Speaker
Winter 2006
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
Summer 2005
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
Fall 2004
Hot Topics in Trusts and Estates Practice
New York State Bar Association · Chair and Moderator
Fall 2004
Practical Skills: Probate and Administration of Estates
New York State Bar Association CLE · Speaker
May 2004
Will Contests Including Preparation and Taking the Deposition and SCPA 1404 Witnesses
Westchester County Bar Association · Speaker
Fall 2001
Practical Skills: Estate Planning and Will Drafting
New York State Bar Association CLE · Chair
Fall 1998
Advanced Estate Planning
New York State Bar Association CLE · Chair
Fall 1994
Practical Skills: Probate and Administration of Estates
New York State Bar Association CLE · Speaker
Fall 1993
Practical Skills: Estate Planning and Will Drafting
New York State Bar Association CLE · Chair
Spring 1993
Settling an Estate
New York State Bar Association CLE · Moderator
Fall 1992
Basic Changes and New Direction in New York Trusts and Estate Practice
New York State Bar Association CLE · Chair
Fall 1992
The Use of Trusts in Planning for the Elderly
New York State Bar Association CLE
Fall 1992
Practical Skills: Probate and Administration of Estates
New York State Bar Association CLE
Spring 1992
Fiduciary Income Taxation
New York State Bar Association CLE · Moderator
Spring 1992
Practical Skills for Paralegals and Legal Assistants
New York State Bar Association CLE
Spring 1991
Administration of Decedent’s Estate and Related Surrogate’s Court Proceedings
New York State Bar Association CLE · Moderator
Spring 1990
Estate Planning and Will Drafting
New York State Bar Association CLE
Fall 1979
Estate & Gift Taxation of Estates up to $500,000
New York State Bar Association CLE
Fall 1978
Estate Probate & Administration for Estates up to $500,000
New York State Bar Association CLE
October 22 and November 5, 1976
Accounting & Income Tax Management for Small Estates
New York State Bar Association CLE
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The firm serves clients from offices in White Plains, New York; Greenwich, Connecticut; and Newburgh, New York.