Gerald Shea

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 matters worldwide.

Probate

Probate Administration, Probate Litigation, Will Contests

Estate Planning

Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills

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Connecticut

State of Connecticut Judicial Branch

ID Number: 303787

1985-1985

New York

Since 1991

Principal

Shea & Shea

1992 - Current

Attorney Advisor

U.S. Tax Court

1988 - 1989

New York University School of Law

LL.M. (1991) | Taxation

1987 - 1991

University of Connecticut School of Law

J.D. (1985) | Law

1982 - 1985

Honors: cum laude

Duke University

B.A. (1981) | Economics/History

1979 - 1981

Honors: Magna Cum Laude

Activities: Tobacco Road Magazine

College of the Holy Cross

Economics

1977 - 1979

Activities: Sailing Team

AV RATED

Martindale

Connecticut Bar Association

Current

Activities: Tax Law Section and Estates and Probate Section

New York State Bar  # 2435196

Member

1991 - Current

Q. Can the probate court have the authority to "claw" back funds improperly distributed prior to probate?

March 10, 2023

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

March 9, 2023

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?

January 9, 2023

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.