2018 Missouri Revised Statutes
Title XXVI - Trade and Commerce
Chapter 404 - Transfers to Minors — Personal Custodian and Durable Power of Attorney
Section 404.610 Liability to third persons.
Effective 28 Aug 1986
Title XXVI TRADE AND COMMERCE
Chapter 404404.610. 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)
