(a) A claim based on a contract entered into by a custodial trustee acting in a fiduciary capacity, an obligation arising from the ownership or control of custodial trust property, or a tort committed in the course of administering the custodial trust, may be asserted by a third person against the custodial trust property by proceeding against the custodial trustee in a fiduciary capacity, whether or not the custodial trustee or the beneficiary is personally liable.
(b) A custodial trustee is not personally liable to a third person
(1) on a contract properly entered into in a fiduciary capacity unless the custodial trustee fails to reveal that capacity or to identify the custodial trust in the contract; or
(2) for an obligation arising from control of custodial trust property or for a tort committed in the course of the administration of the custodial trust unless the custodial trustee is personally at fault.
(c) A beneficiary is not personally liable to a third person for an obligation arising from beneficial ownership of custodial trust property or for a tort committed in the course of administration of the custodial trust unless the beneficiary is personally in possession of the custodial trust property giving rise to the liability or is personally at fault.
(d) The provisions of (b) and (c) of this section do not preclude actions or proceedings to establish liability of the custodial trustee or beneficiary to the extent the person sued is protected as the insured by liability insurance.
Structure Alaska Statutes
Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions
Chapter 60. Uniform Custodial Trust Act
Sec. 13.60.010. Custodial trust.
Sec. 13.60.020. Custodial trustee for future payment or transfer.
Sec. 13.60.030. Form and effect of receipt and acceptance by custodial trustee; jurisdiction.
Sec. 13.60.050. Multiple beneficiaries; separate custodial trusts; survivorship.
Sec. 13.60.060. General duties of custodial trustee.
Sec. 13.60.070. General powers of custodial trustee.
Sec. 13.60.080. Use of custodial trust property.
Sec. 13.60.090. Determination of incapacity; effect.
Sec. 13.60.100. Exemption of third person from liability.
Sec. 13.60.110. Liability to third person.
Sec. 13.60.130. Expenses, compensation, and bond of custodial trustee.
Sec. 13.60.150. Limitations of action against custodial trustee.
Sec. 13.60.160. Distribution and termination.
Sec. 13.60.170. Methods and forms for creating custodial trusts.
Sec. 13.60.180. Applicable law.