In Re the Estate of Fink

Swinehart, J.:

This is an appeal by Michael Bray, a judgment creditor against the estate of Joseph J. Fink, from an order of the district court of Leavenworth County determining that Monica Fink, the widow of Joseph J. Fink, had a homestead interest in 70 acres of real estate, precluding the sale of the property in whole or in part to satisfy Bray’s $25,000 judgment.

The question on appeal is whether the district court erred by finding that Monica Fink established and had not abandoned a homestead interest in 70 acres of real estate located in Leavenworth County, thereby precluding the sale of…