404.610. Liability to third persons. - Missouri Statutes

Liability to third persons.

404.610. 1. A claim based on: (i) a contract entered intoby a personal custodian acting in a custodial capacity, (ii) anobligation arising from the ownership or control of custodialproperty, or (iii) a tort committed during the personalcustodianship, may be asserted against the custodial property byproceeding against the personal custodian in the custodialcapacity.

2. A personal custodian is not personally liable:

(1) On a contract properly entered into in the custodialcapacity unless the personal custodian fails to reveal thatcapacity and to identify the personal custodianship in thecontract; or

(2) For an obligation arising from control of custodialproperty or for a tort committed during the personalcustodianship unless the personal custodian is personally atfault.

3. A beneficiary is not personally liable for an obligationarising from ownership of custodial property or for a tortcommitted during the personal custodianship unless thebeneficiary is personally at fault.

(L. 1986 S.B. 651 § 10)