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.

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Summary Judgment and Contested Accountings, not just for Petitioner anymore; Fiduciaries Beware

By: Gary E. Bashian, Esq.*

 

Both veteran and novice litigators alike know the potential and the pitfalls that come with moving for Summary Judgment pursuant to CLPR § 3212.

Arguably once hostile to its use, the New York Surrogate’s Courts appear to be increasingly receptive to Summary Judgment Motions in order to expedite litigation, eschew issues that can be addressed before trial, and frame issues for settlement negotiations.

An area of Estate litigation not regularly considered for Summary Judgment are Accounting proceedings, more specifically, an Objectant’s motion for Summary Judgment in an Accounting proceeding against an Accounting.

Supreme Court Westchester Sends Original Last Will & Testament of Article 81 Incapacitated Person to Surrogate’s Court of Westchester: Clash of Jurisdictions in our own Backyard

By: Gary E. Bashian, Esq.*

 

As is often the case with elderly clients, matters that are initiated in the Supreme Court can, for a variety of reasons, find themselves later embroiled in questions of jurisdiction.

Though each proceeding may involve the same characters and nucleus of facts, there are nevertheless jurisdictional concerns that can arise which must be addressed so as to ensure that the proper Court is exercising its authority on an issue over which they have jurisdiction. With the ever expanding population of senior citizens in the nation, this problem will only grow over the next few years because of issues relating to seniors that never existed years ago.

A Recent Primer on Undue Influence: Estate of Julia Elizabeth Taschereau

By: Gary E. Bashian, Esq.*

 

On October 29, 2010 Surrogate Webber, of the N.Y. County Surrogate’s Court, rendered a decision regarding the Will of Julia Elizabeth Taschereau (NYLJ 1202474902148 at *1) which offers a detailed illustration of how to meet the evidentiary burden of proving Undue Influence in a Will contest.

Objecting to a Will on the grounds of Undue Influence presents evidentiary challenges. The close relationships that often surround an allegation of Undue Influence make it difficult to prove by direct evidence. The burden is on the Objectant to prove motive, opportunity, and the actual exercise of Undue Influence.

Post Appeal Motion to Renew in the Supreme Court

By: Gary E. Bashian, Esq.*

 

It ain’t over till it’s over

–Yogi Berra

 

Consider the following scenario:

1. A Defendant’s Pre-Answer Motion to Dismiss is partially granted by a Court of original Jurisdiction, striking several of Plaintiff’s Causes of Action as pled;
2. Both parties appeal to the Appellate Division, where the Lower Court’s Order is affirmed in its entirety;
3. During the Discovery process, months, or maybe even years subsequent to the Order striking Plaintiff’s originally pled Causes of Action, new facts and evidence come to light during the Discovery process which clearly establish that Dismissal of one or more of Plaintiff’s originally pled Causes of Action was in error.

Question: What do you do?

Technical Corrections to the New Statutory Power of Attorney and Statutory Major Gifts Rider

By: Gary E. Bashian, Esq.

 

On September 12, 2010, the Technical Corrections Act, signed by Governor Patterson August 15, 2010, will take effect, modifying the recently changed Statutory Short Form Durable Power of Attorney and General Obligations Law in a number of important ways. All references to the statute herein are to the General Obligations Law

These changes affect several areas, including: (1) allowable agents under the statutory Power of Attorney, (2) terms of revocation, (3) changes to the Statutory Major Gifts Rider, 94) an agent’s powers regarding Trusts and to engage in alternative dispute resolution, (5) requirements for third parties to accept an agent’s power under the form, and (6) effective Powers of Attorney created in other states or jurisdictions.

Some of these changes are broad ad uniform; others are more specific and directed.

Surrogate’s Court Discovery: Recent Cases Illustrate Changes Under Provisions of SCPA

Over the past 10 years, Surrogate’s Court judges across the state have made a series of decisions dealing with the discovery proceedings and “reverse” discovery proceedings under the Surrogate’s Court Procedure Act (SCPA) that provide valuable guidance on how the statutes are being interpreted and how attorneys should develop strategies on behalf of their clients.

Bashian & Farber Support LGBT Community

On June 6, 2015, the LOFT LGBT Community Center of Lower Hudson Valley held its annual Pride celebration in White Plains at the Memorial United Methodist Church which was attended by hundreds of participants. Bashian & Farber was proud to support this event by hosting a booth to provide those in attendance with information regarding a broad range of legal issues including those specifically pertaining to the LGBT Community, including changes in the law pertaining to marriage and protections against discrimination.

James Hyer, who is a partner at Bashian & Farber, is also on the Board of Directors of the LOFT and noted, “This yearly event is always such a great opportunity to come together to support LGBT Rights and I’m delighted that Bashian & Farber once again was able to support this event.”

Bashian & Farber is one of a handful of Law Firms practicing in the Hudson Valley which has dedicated a portion of its practice to serving the LGBT community by maintaining a firm base of knowledge of the specific laws and developments and case decisions which affect the LGBT community as it evolves.

Bashian & Farber Sponsors Veteran’s Day event at the VA Hospital

On Veteran’s Day, Paralegal Caitlin Baranowski, Legal Assistant Elizabeth Troyano and James L. Hyer, Esq., attended an event sponsored by Bashian & Farber, LLP, at the VA Hospital in Montrose, NY. The event provided Bingo games, prizes, and refreshments to elderly veterans living in the senior center. The firm sponsored and assisted the Westchester County Bar Association with this event to thank the men and women who have served in our nation’s armed forces.

Bashian & Farber hosts Booth at the Fair & Affordable Housing Expo

The Fair & Affordable Housing Expo, attended by hundreds of people from throughout the Hudson Valley, this Expo aimed to educate the public regarding housing issues. Various workshops offered information on first-time home purchases, financing the purchase of a home, housing discrimination, and other relevant topics. Participants also had the opportunity to speak to professionals involved in different housing issues. Bashian & Farber hosted a booth at the event to discuss legal issues related to all aspects of home ownership, including real estate transfers, housing discrimination, and landlord-tenant matters. James L. Hyer, who is a member of the Board of Directors of Westchester Residential Opportunities, Inc., reported, “One of the essentials of being a professional is providing service to the community and I am proud that our firm could be part of this important event.”