Montana § 72-26-706 Liability To Third Persons

Montana Statutes

§ 72-26-706 — Liability To Third Persons

Montana § 72-26-706

Title 72ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

Ch. 26UNIFORM TRANSFERS TO MINORS ACT

Part 7Administration by Custodian -- Liability

This text of Montana § 72-26-706 (Liability To Third Persons) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 72-26-706 (2026).

Text

72-26-706 . Liability to third persons.

(1)A claim may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable therefor when it is based on:

(a)a contract entered into by a custodian acting in a custodial capacity;

(b)an obligation arising from the ownership or control of custodial property; or

(c)a tort committed during the custodianship.

(2)A custodian is not personally liable:

(a)on a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or

(b)for an obligation arising from control of custodial property or for a tort committed during the custodianship unless the cus

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72-26-706 . Liability to third persons. (1) A claim may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable therefor when it is based on:
(a) a contract entered into by a custodian acting in a custodial capacity;
(b) an obligation arising from the ownership or control of custodial property; or
(c) a tort committed during the custodianship.
(2) A custodian is not personally liable:
(a) on a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or
(b) for an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault.
(3) A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault.

Legislative History

En. Sec. 19, Ch. 102, L. 1985.

Nearby Sections

15

§ 72-26-101

Text

Legislative History

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