(a) Except as provided in subsection (c), unless previously barred by adjudication, consent, or limitation, a claim for relief against a custodial trustee for accounting or breach of duty is barred as to a beneficiary, a person to whom custodial trust property is to be paid or delivered, or the legal representative of an incapacitated or deceased beneficiary or payee:
(1) Who has received a final account or statement fully disclosing the matter unless an action or proceeding to assert the claim is commenced within two (2) years after receipt of the final account or statement; or
(2) Who has not received a final account or statement fully disclosing the matter unless an action or proceeding to assert the claim is commenced within three (3) years after the termination of the custodial trust.
(b) Except as provided in subsection (c), a claim for relief to recover from a custodial trustee for fraud, misrepresentation, or concealment related to the final settlement of the custodial trust or concealment of the existence of the custodial trust, is barred unless an action or proceeding to assert the claim is commenced within five (5) years after the termination of the custodial trust.
(c) A claim for relief is not barred by this section if the claimant:
(1) is a minor, until the earlier of two (2) years after the claimant becomes an adult or dies;
(2) is an incapacitated adult, until the earliest of two (2) years after (i) the appointment of a conservator, (ii) the removal of the incapacity, or (iii) the death of the claimant; or
(3) was an adult, now deceased, who was not incapacitated, until two (2) years after the claimant's death.
Structure Arkansas Code
Title 28 - Wills, Estates, and Fiduciary Relationships
Subtitle 5 - Fiduciary Relationships
Chapter 72 - Particular Trusts
Subchapter 4 - Arkansas Custodial Trust Act
§ 28-72-402. Custodial trust — General
§ 28-72-403. Custodial trustee for future payment or transfer
§ 28-72-404. Form and effect of receipt and acceptance by custodial trustee — Jurisdiction
§ 28-72-405. Transfer to custodial trustee by fiduciary or obligor — Facility of payment
§ 28-72-406. Multiple beneficiaries — Separate custodial trusts — Survivorship
§ 28-72-407. General duties of custodial trustee
§ 28-72-408. General powers of custodial trustee
§ 28-72-409. Use of custodial trust property
§ 28-72-410. Determination of incapacity — Effect
§ 28-72-411. Exemption of third person from liability
§ 28-72-412. Liability to third person
§ 28-72-414. Expenses, compensation, and bond of custodial trustee
§ 28-72-416. Limitations of action against custodial trustee
§ 28-72-417. Distribution on termination
§ 28-72-418. Methods and forms for creating custodial trusts