Menconi

Claimant Lee Menconi appeals from the trial court’s order denying her creditor’s claim and petition filed under Probate Code section 851.5. 1 The trial court determined it had no jurisdiction to authorize payment. We affirm.

The Facts

Stanley Sayles executed a promissory note for $30,000 secured by a deed of trust, in favor of his niece Lee Menconi in 1974. 2 In exchange, *277 Lee agreed to look after Stanley’s wife until her death. The note provided for installment payments at the rate of $150 per month. Both the note and trust deed were executed by Stanley Sayles individually, and as attorney-in-fact for his then living wife, Marion. Marion was then in a convalescent home. Although the parties hotly dispute the point, the trial court found she was unable to manage her personal and business affairs at this time. The deed of trust was not then recorded.

In 1978, Marion died. Six months later, Stanley died, leaving a will and codicil. In April 1979, Harry Menconi (Lee’s husband) was appointed executor of Stanley’s estate. On April 30, a notice to creditors was published, and the time for filing claims expired on August 30.

Sometime in April 1979, Harry came into…