McDonald

Appellant Helen Townsend McDonald (McDonald), a creditor of the estate of her deceased brother, Edward Townsend (Townsend), appeals from a probate order denying her creditor’s claim. Pursuant to an agreement entered into between Townsend and McDonald, McDonald’s creditor’s claim asserts an ownership interest in a portion of Townsend’s royalties and other business income. She also claims Townsend owed her $201,108 in royalties earnings pursuant to the agreement.

McDonald contends the trial court erred in denying her creditor’s claim because it was not timely filed. She asserts her creditor’s claim was timely filed on February 24, 2004, within the four-month statute of limitations for filing a creditor’s claim. McDonald argues that, even though her initial claim did not state the amount of her claim, her supplemental creditor’s claim, filed on September 6, 2005, did so. McDonald further argues that her claim was properly filed as a creditor’s claim because it was based on a contract. Therefore she was not required to assert her creditor’s claim by bringing a petition under Probate Code section 850.

Respondent Structured Asset Sales, LLC (SAS), argues McDonald is appealing…