My question involves estate planning in the state of: NC
After my father died, my step-mother (who is executor of his estate) sold his business. Unfortunately, the people that she used to conduct the transaction embezzled the sales proceeds. So far, only 2/3 of the total has been recovered and it increasingly looks like trying to recover the remaining 1/3 is a lost cause.
My question: After the estate is settled and the distribution are made, would it be possible for me to sue my step-mother in small claims court for my portion of the funds that were embezzled ($5000)? My thought is that she was responsible for the transaction, so she ought to be held accountable for any losses incurred.
Any input is appreciated.