404.610. Liability to third persons.

167 words·~1 min read·/mo/chapter-404/404-610

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

404.610. Liability to third persons. — 1. 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.

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(L. 1986 S.B. 651 § 10)