Current with changes from the 2024 Legislative Session
Section 404.610 - Liability to third persons1. A claim based on: (i) a contract entered into by a personal custodian acting in a custodial capacity,(ii) an obligation arising from the ownership or control of custodial property, or(iii) a tort committed during the personal custodianship, may be asserted against the custodial property by proceeding against the personal custodian in the custodial capacity.2. A personal custodian is not personally liable:(1) On a contract properly entered into in the custodial capacity unless the personal custodian fails to reveal that capacity and to identify the personal custodianship in the contract; or(2) For an obligation arising from control of custodial property or for a tort committed during the personal custodianship unless the personal custodian is personally at fault.3. A beneficiary is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the personal custodianship unless the beneficiary is personally at fault.