Kentucky Revised Statutes

Ky. Rev. Stat. § 385.172 (2026)

Liability to third persons

✓ current as of May 2026

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(1) A claim based on:

(a) A contract entered into by a custodian acting in a custodial capacity;

(b) An obligation arising from the ownership or control of custodial property; or

(c) 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 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 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. Effective: July 15, 1986 History: Created 1986 Ky. Acts ch. 182, sec. 17, effective July 15, 1986.

Notes of Decisions

Cited in 1 case, 2001–2001 · leading case: Privett v. Clendenin, 52 S.W.3d 530 (Ky. 2001).

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Privett v. Clendenin, 52 S.W.3d 530 (Ky. 2001). · cites it 2× “ily, a transferor, or a transferor's legal representative may petition the court: (a) For an accounting by the custodian or the custodian's legal representative; or (b) For a determination of responsibility, as between the custodial property and the custodian personally, for…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.