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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
University of Connecticut School of Law Logo
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
  • 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. I'm listed as beneficiary on a car registration, do I go to the DMV and claim it or does it need to go through probate?
A: The car is not subject to probate and should not be listed on the probate inventory.

The title transfer is handled by Connecticut DMV.

The vehicle should however be listed on the CT estate tax return, which is typically filed as part of probate.
Q. Which state to file probate case in?
A: Your father's domicile controls, which is where he lived with an intent to return. If he has a CT condo, receives mail there and intended to return, then probate court for the town of his Connecticut residence would have jurisdiction.
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.
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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
Tuesday: 9 AM - 5 PM
Wednesday: 9 AM - 5 PM
Thursday: 9 AM - 5 PM (Today)
Friday: 9 AM - 5 PM
Saturday: Closed
Sunday: Closed