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A.R.S. § 14-7667

Custodian and Minor Liability Rules

Verified April 4, 202657th Legislature, 1st Regular Session

Claims tied to custodial property can be brought against the property itself. This is true whether or not the custodian or the minor is personally liable. A custodian avoids personal liability on contracts by disclosing the custodial role. The minor is also protected unless personally at fault.

Title 14, TRUST ADMINISTRATION

azleg.gov

Claims Against Custodial Property

When someone has a legal claim tied to custodial property, they can go after the property directly. The claim is brought against the custodian in the custodial role. This works whether or not the custodian or the minor bears personal liability.

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 minor is personally liable.

A.R.S. § 14-7667(A)

This structure gives creditors a clear path to recovery from the property. At the same time, it protects the individuals involved from automatic personal exposure.

Personal Liability Protections

The statute creates a practical shield for custodians. On the contract side, a custodian is not personally liable if the contract identifies the custodial role. If a custodian signs a contract without disclosing that role, the protection goes away.

A custodian is not personally liable for either: 1. 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.

A.R.S. § 14-7667(B)

For torts and property obligations, the custodian is only personally liable if they are personally at fault. The same rule applies to the minor. A minor is not on the hook unless they personally caused the harm.

Tax Considerations for Custodial Accounts

Income earned in a UTMA account may have tax consequences. Investment gains and interest are generally taxed at the child's rate. This rate is often lower than the parent's rate.

However, the "kiddie tax" rules may apply when unearned income exceeds certain limits. These protections encourage responsible people to serve as custodians. They do so without fear of open-ended personal exposure.

A. 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 minor is personally liable. B. A custodian is not personally liable for either: 1. 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. 2. 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.

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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