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  1. #1
    Join Date
    Jul 2008
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    2

    Default Recovering Money From the Executor After an Estate is Closed

    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.

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Recovering Money in Small Claims Court After an Estate is Closed

    How did she breach her fiduciary duties? Being cheated by a buyer, of itself, doesn't prove any such breach by an executor.

  3. #3
    Join Date
    Jul 2008
    Posts
    2

    Default Re: Recovering Money From the Executor After an Estate is Closed

    In my opinion, she breached her fiduciary duties by not having legal representation for such a large transaction.

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