NRS 166A.280
Liability to third person.


1.

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.

2.

A custodial trustee is not personally liable to a third person:

(a)

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

(b)

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.

3.

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.

4.

Subsections 2 and 3 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.

Source: Section 166A.280 — Liability to third person., https://www.­leg.­state.­nv.­us/NRS/NRS-166A.­html#NRS166ASec280.

166A.010
Short title.
166A.020
Definitions.
166A.030
“Adult” defined.
166A.040
“Beneficiary” defined.
166A.050
“Conservator” defined.
166A.060
“Court” defined.
166A.070
“Custodial trust property” defined.
166A.080
“Custodial trustee” defined.
166A.090
“Guardian” defined.
166A.100
“Incapacitated” defined.
166A.110
“Legal representative” defined.
166A.120
“Member of the beneficiary’s family” defined.
166A.130
“Person” defined.
166A.140
“Personal representative” defined.
166A.150
“State” defined.
166A.160
“Transferor” defined.
166A.170
“Trust company” defined.
166A.180
Custodial trust
166A.190
Custodial trustee for future payment or transfer.
166A.200
Form and effect of receipt and acceptance by custodial trustee
166A.210
Transfer to custodial trustee by fiduciary or obligor
166A.220
Multiple beneficiaries
166A.230
General duties of custodial trustee.
166A.240
General powers of custodial trustee.
166A.250
Use of custodial trust property.
166A.260
Determination of incapacity
166A.270
Exemption of third person from liability.
166A.280
Liability to third person.
166A.290
Declination, resignation, incapacity, death or removal of custodial trustee
166A.300
Expenses, compensation and bond of custodial trustee.
166A.310
Reporting and accounting by custodial trustee
166A.320
Limitations of action against custodial trustee.
166A.330
Distribution on termination.
166A.340
Methods and forms for creating custodial trusts.
166A.350
Applicable law.
166A.360
Uniformity of application and construction.
Last Updated

Feb. 5, 2021

§ 166A.280’s source at nv​.us