Matter of De Andressi

In Matter of De Andressi, Dec. 9, 1996 at NYLJ 31, col 4 [Sur Ct, Nassau County] the surviving spouse, left the marital home in Florida after the decedent became ill, ostensibly to pursue business opportunities in New York. Surrogate Radigan concluded that since he never returned to live with the decedent, either in Florida or New York, his leaving of the marital home was not justified by any act of the decedent. In De Andressi, the decedent, as her ill-health continued, did not hide her whereabouts, and the surviving spouse could have found her or reached her through any one of a number of relatives. The court concluded that because the surviving spouse could have contacted the decedent at any time before her death, the decedent "did not consent" to Mr. Bonomo's departure.