(a)  A claim based on: (1) a contract entered into by a custodian acting in a custodial capacity, (2) an obligation arising from the ownership or control of custodial property, or (3) a tort committed during the custodianship, may be asserted against the custodial property by proceeding against the custodian in his or her custodial capacity, whether or not the custodian or the minor is personally liable therefor.

will 560x170

Need help with a review of a will?
Have it reviewed by a lawyer, get answers to your questions and move forward with confidence.
Connect with a lawyer now

Terms Used In Rhode Island General Laws 18-7-18

  • Contract: A legal written agreement that becomes binding when signed.
  • Custodial property: means :

    (i)  Any interest in property transferred to a custodian under this chapter; and

    (ii)  The income from and proceeds of that interest in property. See Rhode Island General Laws 18-7-2

  • Custodian: means a person designated under § 18-7-10 or a successor or substitute custodian designated under § 18-7-19. See Rhode Island General Laws 18-7-2
  • Minor: means an individual who has not attained the age of twenty-one (21) years. See Rhode Island General Laws 18-7-2
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.

(b)  A custodian is not personally liable:

(1)  On a contract properly entered into in his or her custodial capacity, unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or

(2)  For an obligation arising from control of custodial property or for a tort committed during the custodianship, unless the custodian is personally at fault.

(c)  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.

History of Section.
P.L. 1985, ch. 389, § 2.