Johann Benetton was executor of his father's estate and sold a tract of land belonging to the estate for $400,000 to Maria Alvarez and her brother, Ezquiel. Johann, his sister and his brother were designated as equal beneficiaries in their father's will. First Title served as the escrow agent for closing the sale. The escrow instructions provided that First Title was to pay the proceeds from the closing to the executor. After the sale closed, First Title sent a check for the net of $360,000 to Johann. Johann failed to pay his sister and brother their share of the proceeds. Johann's brother and sister have filed suit to collect the funds.

Question

Quizplus · Accepted Answer

First Title acted according to the escrow instructions by paying the proceeds to the executor, Johann. Johann, as the executor and beneficiary, had the responsibility to distribute the estate's assets, including the proceeds from the sale, according to the will. Since he failed to do so, he is liable to his siblings for their share.

Johann Benetton Was Executor of His Father's Estate and Sold