Montana Statutes
§ 72-26-706 — Liability To Third Persons
Montana·Title 72 ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS·Ch. 26 UNIFORM TRANSFERS TO MINORS ACT·Part 7 Administration by Custodian -- Liability
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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Legislative History
En. Sec. 19, Ch. 102, L. 1985.