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Gerald Shea

Gerald Shea

Call us for help with probate issues and effective estate planning.
  • Probate, Estate Planning, Elder Law
  • New York
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Biography

I am an experienced attorney and work diligently to provide my clients and their families with peace of mind. I handle Estate Planning and Probate matters throughout Connecticut and New York, and Tax Law matters worldwide.

Education
New York University School of Law
LL.M. (1991) | Taxation
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University of Connecticut School of Law
J.D. (1985) | Law
cum laude
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Duke University
B.A. (1981) | Economics/History
magna cum laude; Tobacco Road Magazine
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College of the Holy Cross
Economics
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Sailing Team
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Professional Experience
Principal
Shea & Shea
- Current
Attorney Advisor
U.S. Tax Court
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Publications
Articles & Publications
APA's May Effectively Address Income and Expense
Tax Notes International
Awards
AV Preeminent Peer Rating
Martindale
2011-2019
10.0 Superb Rating
Avvo
Professional Associations
Connecticut Bar Association
Member
Current
Activities: Tax Law Section, Estates & Probate Section
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New York State Bar  # 2435196
Member
- Current
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Jurisdictions Admitted to Practice
Connecticut
State of Connecticut Judicial Branch
ID Number: 303787
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New York
New York State Office of Court Administration
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U.S. District Court, District of Connecticut
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U.S. Tax Court
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Fees
  • Free Consultation
  • Credit Cards Accepted
  • Rates, Retainers and Additional Information
    Fixed Fees
Practice Areas
    Probate
    Probate Administration, Probate Litigation, Will Contests
    Estate Planning
    Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
    Elder Law
Languages
  • English
Legal Answers
Q. Can the probate court have the authority to "claw" back funds improperly distributed prior to probate?
A: It is difficult to get a probate court to exercise jurisdiction over accounts passing by way of beneficiary designation. Such assets are technically "non-probate" assets. A separate action can, however, be brought in Superior Court for undue influence or lack of capacity in transferring assets into the passbook accounts. This requires evidence of improper actions surrounding the actual the transfer. The money is gone and bank contract is implicated. Recovery is thus difficult, absent solid evidence of undue influence with respect to the accounts.
Q. Probate
A: Joint accounts and real estate held jointly in survivorship do not require CT probate.

However, an estate tax return is due 6 months from date of death, but that is a different issue (See Form 706NT (nontaxable estate) and Form 706 (taxable estate).
Q. Hello I live in Ct & so did my dad when he was passed away,with no will. How do me my mom & sister claim ownership?
A: Your mother, if she was married to your father, would typically file a petition to be appointed as "Administrator" of your father's estate. This is done at the probate court for the town where your father resided at the time of death. A death certificate is required, as well as the names and addresses of spouse and all children. You or your siblings can file the petition as well, but it often the wife who signs. After reviewing the petition, the court will notify all heirs of a hearing or opportunity to object to the appointment. If there is no objection, the petition is granted and then the newly appointed Administrator may access accounts and gather all the assets to distribute to the heirs at law, which would be your mother, your sister and you. Spouse gets first $100k, and 50% of the balance; the children get the rest. If the children are from another relationship, then the estate is divided 50% to the wife and 50% to the children. ... Read More
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Websites & Blogs
Website
Shea & Shea Website
Contact & Map
Shea & Shea
8 Wright Street, Suite 107
Westport, CT 06880
Toll-Free: (203) 635-8249
Fax: (203) 439-3485
Monday: 9 AM - 5 PM (Today)
Tuesday: 9 AM - 5 PM
Wednesday: 9 AM - 5 PM
Thursday: 9 AM - 5 PM
Friday: 9 AM - 5 PM
Saturday: Closed
Sunday: Closed