On October 14, 2015 the Law offices of Bashian & Farber, LLP were proud to host a live, 90 minute “webinar” presented by the New York State Bar Association entitled “Winning a Will Contest Using Medical Records to Support Lack of Capacity.”
Partners Gary E. Bashian and Irving O. Farber lectured in detail about the nature of Testamentary Capacity under New York law, the use of medical records to establish a Testator’s lack of capacity, and Continue reading
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
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.
By: Gary E. Bashian, Esq.
A motion for summary judgment, pursuant to CPLR § 3212 or § 3211, is a powerful procedural tool that can end litigation immediately.
Summary judgment can deliver a swift and decisive victory on the outcome of a matter. It can limit the issues, or award the broadest types of relief by ending all claims. When granted, it can avoid years of potential litigation and expense.
But for all of its versatility, drafting a motion for summary judgment can be a daunting and complex undertaking. The facts (hopefully none in question), and the applicable law in every matter can make it difficult to identify issues with no triable issue of fact. Communicating them clearly to the Court so as to show that summary judgment should be granted is the challenge.
Bashian & Farber, LLP 