EPTL § 7-6.17

Liability to third persons · as in force on May 31, 2026

§ 7-6.17 Liability to third persons

(a) A claim based on (1) a contract entered into by a custodian acting in a custodial capacity, (2) an obligation arising from the ownership or control of custodial property, or (3) 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.

(b) A custodian is not personally liable:

(1) 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

(2) for 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.

Official sourcehttps://www.nysenate.gov/legislation/laws/EPT/7-6.17

In plain English

(a) Contract, ownership, and tort claims may be asserted against custodial property through the custodian in that capacity.
(b) The custodian is not personally liable on a properly disclosed custodial contract, or for property obligations or torts without personal fault.
(c) The minor is not personally liable for property obligations or torts without personal fault. ★

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 1 — The Surrogate's Court in Plain English; Volume 3 — The Surrogate's Court: Court Rules & the EPTL; Volume 5 — Your Career: Surrogate's Court in Plain English.