1/20/2024 0 Comments Joseph fink tanisThe deed for the house on North 5th was recorded in the names of her son and daughter-in-law. Monica paid the $6,000 down payment on the house and in return was allowed to live at the residence with her son's family rent-free. Later, Monica and her son bought a house on North 5th Street in Leavenworth. She lived in a mobile home in *525 Leavenworth for approximately three years, spending a few months with her daughter during that period of time. As Monica and Joseph had been experiencing marital difficulties, due largely to Joseph's excessive drinking, Monica obtained employment at Hallmark Cards in Leavenworth. The Finks had been married in December of 1940, and had lived on the property together with their children Joseph J. The real property in question consisted of approximately 70 acres located in Easton, Leavenworth County, which the decedent had owned with his wife, Monica, as tenants in common. The creditor moved for the sale of real and personal property from Fink's estate to satisfy the claim. In October of 1976, a journal entry of judgment was entered in favor of Michael Bray in the amount of $25,000 against the estate of Joseph Fink, and a journal entry allowing Bray's claim against the estate and classifying it as a third class claim was entered on April 7, 1977. However, his wife Monica Fink elected to take at law and not under the will, and the probate court, by order dated September 25, 1975, and filed on April 15, 1976, set forth the homestead rights of Monica Fink and decreed her interest in the real property in the estate of Joseph Fink. On September 25, 1975, his will was admitted to probate. Fink died testate at his residence in Easton, Leavenworth County, on August 18, 1975. (2) If a homestead was initially created in favor of Monica Fink, whether she subsequently abandoned it, causing the tract still partially owned by her after the conveyance of 24 acres to her daughter and son-in-law to be subject to the judgment of the creditor, Michael Bray. The appellant Michael Bray raises the issue in two parts: (1) Whether Monica Fink failed to establish a homestead in the first instance, thereby causing the entire 70 acre tract, even that portion heretofore conveyed, to be subject to the judgment of the creditor. 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 the property to satisfy the judgment creditor. 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. Fink, from an order of the district court of Leavenworth County determining that Monica Fink, the widow of Joseph J. This is an appeal by Michael Bray, a judgment creditor against the estate of Joseph J. Brown, Jr., of Leavenworth, for the appellee.īefore SWINEHART, P.J., REES and SPENCER, JJ. Dawson and Ethan Potter, of Leavenworth, for the appellant. Petition for review denied June 20, 1980.
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