Muscala v. Wirtjes

WAHL, Justice.

This is an appeal by plaintiff Harriet Muscala from an April 9,1980, order of the Lincoln County District Court directing that summary judgment be entered in favor of the defendant. The judgment denied the general claim of Harriet Muscala against the estate of the decedent for funeral expenses, holding that the estate comprised a homestead and was therefore exempt from this claim under Minn.Stat. §§ 510.01, 510.-07 (1980). We reverse.

The facts were stipulated by the parties. Harriet Muscala is the daughter of decedent’s second wife, Selma Karbo. She claims $2,351.50 for burial…