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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.

Practice Areas
Probate
Probate Administration, Probate Litigation, Will Contests
Estate Planning
Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
Elder Law
Video Conferencing
  • Skype
  • Zoom
  • WebEx
Fees
  • Free Consultation
  • Credit Cards Accepted
  • Rates, Retainers and Additional Information
    Fixed Fees
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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Languages
  • English
Professional Experience
Principal
Shea & Shea
- Current
Attorney Advisor
U.S. Tax Court
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Education
New York University School of Law
LL.M. (1991) | Taxation
New York University School of Law Logo
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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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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Publications
Articles & Publications
APA's May Effectively Address Income and Expense
Tax Notes International
Websites & Blogs
Website
Shea & Shea Website
Legal Answers
4 Questions Answered
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.
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).
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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
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