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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