7 Things to Consider When Preparing a Last Will and Testament

By: James L. Hyer, Esq.

“Estate planning is an important and everlasting gift you can give your family.”

-Suze Orman

One of the most important decisions that individuals must make is how their affairs will be handled in the event they become incapacitated during life and how their estate will be distributed following their death. For individuals who are their family’s primary source of income, a lack of proper estate planning can financially devastate loved ones following their death. According to Lexis Nexis, approximately 55% of American adults do not have a Will or other estate plan in place despite the unquestionable importance of preparing an estate plan. When preparing a Last Will and Testament, there are 7 major items to consider: Continue reading

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Senior Law Day

On the afternoon of October 20, 2015, Andrew Frisenda, Esq. and Jordan Conger, Esq. of Bashian & Farber, LLP were pleased to attend Westchester County’s Annual Senior Law Day, and to provide pro bono legal advice to those who were in attendance.

Attorneys, Andrew Frisenda (left) and Jordan Conger (right)
Attorneys, Andrew Frisenda (left) and Jordan Conger (right)

As part of Bashian & Farber’s ongoing pledge to ensure that the greater Westchester County community, and senior citizens in particular, have open access to the highest level legal services, Andrew and Jordan met one-on-one with over a dozen local seniors to answer their questions, offer objective legal analysis, and provide guidance about the nature and necessity of Estate Planning.

The event, which took place at the Westchester County Center in White Plains, was hosted by Westchester County’s Department of Senior Programs and Services and was designed to provide information and support to all senior citizens in Westchester County.  Bashian & Farber, LLP is pleased to have participated in this event and is eager to offer Estate Planning Services to the senior community at large regarding all of its Estate Planning needs.

Bashian & Farber Sponsors the Music Conservatory of Westchester Jazz Brunch

On, Sunday, October 4, 2015, Bashian & Farber., LLP, sponsored the Music Conservatory of Westchester Jazz Brunch which was held at the Larchmont Shore Club.  Bashian & Farber, LLP, partner, Gary E. Bashian, Esq., has served as a member of the Board of Directors of the Music Conservatory for many years and was proud to participate in this event which honored Harold Jones, who had served as a teacher at the Music Conservatory for 49 years.  The firm is also happy that so many of our friends and colleagues were able to join us at this event.

 

What to Expect When Purchasing Residential Real Estate

 

One of the most stressful decisions that individuals can make during their lives is the purchase of their first home. As buying a home is likely one of the largest purchases in a person’s life, the financial stress can be daunting and this pressure can be amplified if the purchaser lacks knowledge regarding the home-buying process. Knowing what to expect during this process can significantly reduce the anxiety that may accompany the purchase of a first home. Although real estate transactions can be complex, the following major steps can be expected by a purchaser:   Continue reading

Disinheriting a Spouse: Rules and Limitations in New York State     

 

An engraving created in 1894 by the artist Walter Dendy Salder called “The New Will: Everything to My Wife Absolutely!” vividly portrays an older man of wealth who has married a younger woman visiting an attorney to prepare their estate planning documents. The engraving stands for the assumption that a spouse would want to leave the other their entire estate. In reality, this is often not the case. There may be many reasons why one spouse may decide not to leave their entire estate to the other. Perhaps one spouse is on a second or third marriage and would like to leave a portion of their assets to Continue reading

Winning a Contested Probate Proceeding

By: Gary E. Bashian, Esq.

When one thinks of Surrogate’s Court litigation,contested probate proceedings immediately come to
mind. While each of the objections to probate present unique challenges for any advocate, an objection based on a decedent’s lack of testamentary capacity can be particularly difficult.

However, it should come as no surprise that medical records are often the evidentiary key to establishing Continue reading

Top Five Areas of Concern about the New Statutory Short Form Power of Attorney

By: Gary E. Bashian, Co-Author

 

Prior to September 1, 2009, New York’s power of attorney form was simple to fill out and could be bought in local stationery stores without the need to go to an attorney. However, tabloid-worthy horror stories of agents misusing their power to steal from the aged and infirm led the legislature to react—and some might say overreact. A sweeping new financial-powers law took effect in New York on September 1, 2009, and it has created some unintended traps for residents.

Continue reading

Column: Noncompete agreements: An effective tool to protect business interests

by James Hyer

Millions of dollars are lost each year through the theft of trade secrets that companies labor tirelessly to develop. One effective tool that may be utilized by companies to safeguard against “commercial piracy” is a noncompete agreement. If properly drafted, a noncompete agreement can prevent significant financial losses attributable to exploitation of private proprietary information or unfair competition by former employees.

As these agreements are often contested by former employees and the courts often take a strong position against upholding noncompete agreements, it is imperative that employers draft agreements that will be enforced by a court. Within New York State, three elements are usually required for a noncompete
agreement to be enforceable:

Continue reading

The Basics of an Enforceable Prenuptial Agreement

“A lot of people have asked me how short I am…Since my last divorce, I think I’m about $100,000 short!”

  • Actor Mickey Rooney

 

With divorces on the rise in the United States and nearly half of all marriages ending in divorce, Prenuptial Agreements should be considered as a way to prevent the financial devastation caused by a protracted, costly divorce. While the decision to proceed with a Prenuptial Agreement is the first step, the second step Continue reading

Order Entered in Favor of Bashian and Farber, LLP Client Compelling Discovery

 

In litigation, effective legal representation can make the difference between winning or losing a case, and the process of obtaining discovery from the opposing party is vital for a client to review relevant documents, statements or other evidence which may be used at trial by the adversary. On September 29, 2015, in the case of Gutierrez v. Berlin, pending in New York County Supreme Court, Bashian & Farber, LLP., was able to obtain a Decision and Order from the Court directing the opposing party to produce discovery which it had failed to provide. By artfully drafting a Motion on behalf of our client, and engaging in effective oral argument before the Court, the Judge agreed that the opposing party had defaulted in producing discovery and compelled the party to do so, and entirely denied a Cross Motion which had been filed by the opposing party.

At Bashian & Farber, LLP, we fight at every step of the litigation process to ensure that our client’s rights are protected and that we take every action necessary to reach our client’s objectives.