‘A very nuanced topic; it’s not clear cut and black and white’
by Wayne Daren Schneiderman
CONEY ISLAND — The most recent Continuing Legal Education (CLE) program for the Columbian Lawyers of Brooklyn was a bit atypical — at least in its execution, by speakers Ellyn Kravitz, Esq., partner at Abrams Fensterman, and Britt Burner, Esq., partner at Burner Prudenti Law.
Both women ventured out from behind the large table that typically houses CLE presenters, essentially breaking the fourth wall and making for a more personal and in-your-face presentation for the audience right from the get-go.
The CLE took place at Gargiulo’s on the evening of April 2 to an impressive and seemingly inquisitive crowd.
The topic, “Yours, Mine, and Who Sues Who? Estate Battles, Blended Families, and Guardianship Nightmares,” focused on “blended families,” or family units where one or both partners have children from a previous relationship.
“It’s different than the standard husband, wife, two kids, white picket fence scenario,” Burner explained, adding that several issues may arise in blended families, such as inheritance disputes, financial exploitation, and end-of-life health care decisions.
Concerning guardianships, the emphasis was specifically on Article 81, which is for any incapacitated adult, typically an elderly person who can no longer handle their daily and customary activities.
A nuanced topic
Both Kravitz and Burner touched upon Statutory Power of Attorney and being a health care proxy.
“You want to make sure that you have a health care agent and a power of attorney who can work together,” Burner said.
A scenario arose involving a long-standing second marriage — each with children from their first marriage.
Ultimately, one of the trustees refused to consent to the revocation, and a guardianship proceeding needed to be commenced to force the issue.
“What Britt and I hoped to convey with this scenario is for you all to appreciate and understand how we can be resourceful and work with the court and the clients to achieve the best outcome for someone alleged to be incapacitated,” Kravitz underscored.
“For other attorneys and judges,” Burner added, “in their courtrooms as well as in their offices, they are faced with people who might have diminished capacity, and they don’t necessarily know what to do with that.”
Burner explained that one must understand that this is a very nuanced topic, “There is a lot of gray area when it comes to capacity and planning around it.”
According to Kravitz, “Trust and Estates is for everybody; everyone needs advanced directives, powers of attorney, health care proxies — people need a will. It’s simply beneficial knowledge.”
Some background
Ellyn Kravitz, Esq. specializes in elder law, estate planning, estate administration, special needs planning, and veterans’ benefits. She is an authority on issues affecting adults and children with disabilities, seniors, and military veterans. Kravitz is certified as an elder law attorney by the National Elder Law Foundation as accredited by the American Bar Association. She received her Juris Doctor degree from the New England School of Law and her LL.M. in estate planning from the University of Miami. She received her undergraduate degree from the University of Michigan.
Britt
Burner, Esq. has distinguished herself as a leading elder law and
estate planning attorney in the New York area, most recently being
recognized in the 2025 and 2024 Best Lawyer rankings for Elder Law and
Trusts and Estates in Manhattan. Burner is active in the Elder Law
community, previously serving as the immediate past-chair of the New
York City Bar Association Committee on the Legal Problems of the Aging
and now serving as chair of the Elder Law and Special Needs section of
the New York State Bar Association. Burner received her undergraduate
degree from Boston College and her Juris Doctor from Brooklyn Law
School.
Full Article & Source:
Brooklyn Columbian Lawyers’ April CLE tackles ‘Estate Battles and Guardianship Nightmares’
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