Matter of Winter

Holding The court reversed the Surrogate’s Court’s order disqualifying the surviving spouse from receiving letters of administration, finding that the sister failed to meet her burden of proving abandonment. The court held that the evidence presented, consisting of unsigned and unsworn documents, was insufficient to establish disqualification under EPTL 5-1.2.

The court’s words

The burden to establish abandonment is and remains at all times upon those asserting it

2026 NY Slip Op 06310, at the official text

unsigned and unsworn letters and emails, as well as unauthenticated Facebook posts, was insufficient to meet the burden

2026 NY Slip Op 06310, at the official text

the petitioner established that she had priority to receiving letters of administration over all other distributees

2026 NY Slip Op 06310, at the official text