Professional Profile
Brian is a Partner in the law firm of SELTZER SUSSMAN HEITNER LLP. In January 2023, he celebrates his 30th anniversary of being admitted to the NYS Bar, having obtained a Juris Doctorate degree from Brooklyn Law School in 1992. His practice has focused primarily on trusts and estates matters, and MHL Article 81 guardianship proceedings, but he is also an experienced and accomplished real estate and corporate attorney, and general civil litigator. For the last three decades, Brian has developed his practice to become a well-known and wellrespected practitioner in the trusts and estates field, with a particular focus on estate litigation, and the specialized area of contested Article 81 guardianship law. His knowledge of the law and very strong, but practical, approach to litigation, has made him a go-to attorney for other attorneys who lack the expertise in these areas.
Brian has probated and administered estates of modest size to estates worth tens of millions of dollars. Brian is a powerful advocate and a respected litigator in the Surrogate’s Courts, having litigated over issues, including but not limited to: probate / Will contests, construction of Wills, removal of fiduciaries, kinship, creditors’ claims, right of election, discovery and turnover of property, attorneys’ fees, wrongful death compromises, and all aspects of accounting proceedings in the various Surrogate’s Courts in Nassau, Suffolk, Queens, New York, Kings, and Westchester Counties. Brian has been appointed as guardian ad litem in numerous Surrogate’s Court proceedings and has also proudly represented claimants for the 9/11 Victims’ Compensation Fund (VCF).
Brian’s experience with guardianship proceedings is extensive, having appeared in one capacity or another in countless cases. He is certified to serve as court evaluator, counsel for an alleged incapacitated person and guardian by the Office of Court Administration (OCA), and he has served in each of those capacities pursuant to appointment by Justices of the Supreme Court of the State of New York. Brian has also represented Petitioners and Respondents in hundreds of other Article 81 proceedings. Brian has lectured to judges, lawyers, financial professionals, and to the general public on estate, guardianship and elder law issues. He has been a panelist and moderator for OCA-sanctioned Article 81 guardianship training programs, some of which he designed, developed and produced, for the Queens County Bar Association, the Nassau County Bar Association and the New York State Bar Association. He was also the contributing author/editor for the 2005 and 2006 updates to the oft-cited treatise by Hon. Edwin Kassoff, Elder Law and Guardianship in New York. Brian has been referred to by colleagues and members of the Judiciary as an expert in the field of Article 81 guardianship law.
Brian also represents the business community, from small family owned businesses to multimillion dollar corporations with respect to formation, management and policy, strategic acquisitions, employment law disputes and financing. In addition, Brian has represented numerous litigants in general commercial actions as well as in litigation over real property, including partition actions and actions to overturn fraudulent conveyances and fraudulent mortgages.
Brian has been included in the list of Super Lawyers in the New York metropolitan area for each year beginning in 2010 through and including 2022 for his expertise in estate planning and estate litigation. He is a past President and former Chairman of the Board of Directors of the Nassau Lawyers Association of Long Island, Inc.; a member of the New York State Bar Association and its Trusts and Estates Law Section and Elder Law Section; a member of the Queens County Bar Association, its Surrogate’s Court Committee and its Elder Law Committee (of which he is and has been Chairperson since 2017); and a member of the Nassau County Bar Association and its Elder Law Committee and Surrogate’s Court Estates and Trusts Committee.
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