Mr. Brew represents clients in disputed matters involving estates, trusts, fiduciaries, family issues, and closely held family businesses. Drawing on his experience in those litigated matters, he also counsels fiduciary clients in complex estate administrations to avoid disputes and handles estate planning and administration matters. Mr. Brew seeks to achieve the desired result in a cost-effective manner, whether through litigation in the probate or chancery courts, or various alternative dispute resolution mechanisms.
He has handled numerous litigated and non-litigated family disputes in New Jersey and New York involving estates, trusts and guardianships, including estates as large as a billion dollars. He has represented both beneficiaries and corporate and individual fiduciaries (executors, trustee or guardians) in matters involving estate and trust administrations. Mr. Brew has participated extensively in the resolution of these disputes through mediation or other alternative dispute resolution mechanisms and has been appointed by courts to mediate such disputes.
Mr. Brew has also represented numerous clients in the often complex appeals relating to estates, trusts and fiduciaries, as well as challenges to state agency actions, such as matters involving the Department of Banking and Insurance. His appellate work (including applications for stays or other emergency relief) has resulted in a significant number of reported appellate decisions.
Mr. Brew devotes substantial time to advancing legal issues and legal education. He is the author of the New Jersey Probate Procedures Manual -- Navigating a New Jersey Estate Administration (NJ ICLE 2008). He is a contributing editor to The New Jersey Estate Litigation Manual (authored by Steven K. Mignogna, Esq., NJ ICLE 2006) and The New Jersey Estate Planning Manual (authored by Glenn A. Henkel, Esq., NJ ICLE 2007). He is an adjunct Professor of Law at New York Law School (teaching New Jersey Estate Administration). He is recognized as a New Jersey Super Lawyer for 2006-2011 editions (he was selected one of the Top 100 lawyers in New Jersey for 2010). He is also listed in the 2007-2012 issues of Best Lawyers in America and has been named the Best Lawyers' 2012 Newark Litigation-Trusts & Estates Lawyer of the Year.
Memberships & Affiliations
American Bar Association, Section on Real Property & Probate (Group Chair, Estate and Fiduciary Litigation, Ethics and Malpractice Group)
Fellow, American College of Trust and Estate Counsel (Member, Fiduciary Litigation Committee)
News
10/04/11, Three McCarter & English Partners Named Best Lawyers' 2012 Lawyers of the Year
09/06/11, The Best Lawyers in America Recognizes 34 McCarter Lawyers in 2012 Referral Guide
08/11/10, The Best Lawyers in America Recognizes 35 McCarter Lawyers in 2011 Referral Guide
03/22/10, 37 McCarter Attorneys Recognized As New Jersey Super Lawyers for 2010
07/29/09, The Best Lawyers in America Recognizes 33 McCarter Lawyers in 2010 Referral Guide
03/31/09, 43 McCarter Attorneys Recognized As New Jersey Super Lawyers for 2009
09/25/08, The Best Lawyers in America Recognizes 34 McCarter Lawyers in 2009 Referral Guide
09/25/07, The Best Lawyers in America Recognizes 36 McCarter Lawyers in 2008 Referral Guide
Speaking
07/08 - 07/13/12, Speaker at the Annual American Bar Association Real Property, Trust and Estate Section "Skills Training for Estate Planners" a nationwide program for junior estate planning lawyers to held in New York. Gerard will be speaking on "Planning for the Probate Contest"
Gerard G. Brew
American Bar Association Section of Real Property, CLE Program, New York, NY
05/17/12, Speaker at the New Jersey State Bar Association Annual Meeting on "Probate Litigation 2012: Planning and Trial Techniques"
Gerard G. Brew
Atlantic City, NJ
05/10/12, Understanding Decedents' Accounts
Laura A. Kelly and Gerard G. Brew
New Jersey Bankers Association
05/04/12, Speaker and Moderator at the American Bar Association Spring Symposium (NYC) on "Don't Try This at Home: Doom of Do-It-Yourself Planning"
Gerard G. Brew
05/03/12, Speaker on a Fiduciary Litigation Panel at the American Banker's Association Annual Fiduciary Risk Update Telephone Briefing Series
Gerard G. Brew
American Bankers Association, ABA 2012 Trust and Estate PlanningTelephone Briefing Series
05/05/11, Panelist at the Annual American Bankers Association Current Issues in Fiduciary Litigation and How to Minimize a Trustee's Exposure to Litigation
Gerard G. Brew
10/31/10, Panelist on a program sponsored by the Bureau of National Affairs (BNA) on "Recent Developments in Fiduciary Liability"
Gerard G. Brew
10/16/10, Speaker at the National Meeting of the American College of Trust and Estate Counsel program called "Mediation and Alternative Dispute Resolution from the Inside Out-- What Every Estate Lawyer Needs to Know" in Baltimore, MD, October 16, 2010.
Gerard G. Brew
09/25/10, Speaker at the Annual Joint Meeting of the American Bar Association Section on Taxation and Real Property, Trust and Estate Section in Toronto on "Fiduciary Liability in Administration of Irrevocable Life Insurance Trusts"
Gerard G. Brew
09/15/10, Webinar speaker for the New Jersey Institute of Continuing Legal Education called the "Digital Estate" involving technological issues relating to estate administration and litigation.
Gerard G. Brew
09/12/09, Speaker on "New Jersey Trust Planning and Administration Issues" at the American College of Trust and Estate Counsel (ACTEC) Northeast Regional Meeting
Gerard G. Brew
09/11/09, Speaker at the Mid-Atlantic Regional ACTEC Conference regarding "Current Tax and Non-Tax Issues in New Jersey Estate Administration and the Role of Revocable Trusts in New Jersey Estate Planning and Administration," September 11, 2009.
Gerard G. Brew
05/07/09, Speaker at the American Banker's Association telephone briefing called "Working with Trust Professionals: The Views of Experts and Beneficiaries," attend by some 800 or more bankers in trust and fiduciary departments around the country.
Gerard G. Brew
09/01/08, Speaker at Annual Joint Meeting of the ABA Section on Real Property, Trust and Estate Law and the ABA Section of Taxation. Gerard spoke on "Navigating the Trustee's Duty of Disclosure under the Uniform Trust Code" and "Conflicting Duties of Trustees, Officers and Directors with Respect to the Management of Closely-Held Business Entities"
Gerard G. Brew
10/05/07, Speaker at the American College of Trust and Estate Counsel (ACTEC) Mid-Altantic Regional Meeting captioned: "Who Moved my Trust -- When, Whether and How to Move a Trust from State to State"
Gerard G. Brew
09/29/07, "Protecting Your Own Assets -- Avoiding and Defending Ethics and Malpractice Claims in the Estate and Trust Matters" for the American Bar Association Section of Real Property, Trust and Estate Law annual joint meeting with the Section on Taxation.
Gerard G. Brew
09/20/07, Co-Speaker with Sharon Klein, Esq., Vice President and Counsel at Fiduciary Trust Company International at the BNA/Tax Management Annual Editorial Board Program regarding "Disaster Management and Recovery Issues in Estate and Trust Administration" in New York City.
Gerard G. Brew
Publications
05/01/12, The Fiduciary Exception to the Attorney-Client Privilege
Gerard G. Brew
May/June 2011 Issue, American Bankers Association Trust and Investments Magazine
02/15/12, Trusts and Divorce: Not Always Happy Bedfellows Analysis of the New Jersey Supreme Court's decision in Tannen v. Tannen
Myrna L. Wigod and Gerard G. Brew
New Jersey Law Journal, Volume 207, No. 8
08/05/11, An Introduction to Estate and Trust Litigation
The ABA Practical Guide to Estate Planning
08/14/06, No Separate Residences; Cohabitation is required for a viable palimony claim
Myrna L. Wigod, Gerard G. Brew and Alison C. O'Sullivan
New Jersey Law Journal