ORS 126.859
Claims against custodial property

  • liability of custodian and beneficiary

(1)

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

(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 beneficiary is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the beneficiary is personally at fault. [1985 c.665 §18; 2005 c.349 §12]

Source: Section 126.859 — Claims against custodial property; liability of custodian and beneficiary, https://www.­oregonlegislature.­gov/bills_laws/ors/ors126.­html.

126.700
Payment or delivery for benefit of minor 126.725
Settlement agreement on behalf of minor 126.730
Payment of moneys to minor pursuant to judgment 126.735
Legislative findings 126.805
Definitions for ORS 126.805 to 126.886 126.809
Applicability of ORS 126.805 to 126.886 126.812
Nomination of custodian 126.816
Irrevocable gifts or exercise of power of appointment 126.819
Irrevocable transfer by personal representative or trustee to custodian 126.822
Transfer to custodian in absence of authorization 126.826
Irrevocable transfer by person holding property of or owing liquidated debt to minor 126.829
Written acknowledgment of delivery as receipt 126.832
Creation and transfer of custodial property 126.836
Limitations on custodianship 126.839
Validity of transfer 126.842
Duties of custodian 126.846
Rights, powers and authority of custodian 126.849
Payments to and expenditures for beneficiary 126.852
Reimbursement to custodian for reasonable expenses 126.857
Third person’s duties in dealing with custodian 126.859
Claims against custodial property 126.862
Refusal to serve as custodian 126.866
Petition for accounting by custodian, determination of responsibility 126.869
Time of transfer of custodial property to beneficiary or beneficiary’s estate 126.872
Delayed transfer of custodial property to beneficiary 126.875
Accounting by custodian 126.877
Applicability of ORS 126.805 to 126.886 to transfers made after January 1, 1986 126.879
Validation of transfer made before January 1, 1986 126.882
Application and construction of ORS 126.805 to 126.886 126.886
Short title
Green check means up to date. Up to date

Current through early 2024

§ 126.859’s source at oregon​.gov