Section 12.34 Actions by or Against Custodial Beneficiary or Custodian

• Library: Trusts and Powers 2013 Supp

C. (§12.34) Actions by or Against Custodial Beneficiary or Custodian

If the claim is against the beneficiary in tort or contract, suit should be filed against the beneficiary with service on the beneficiary or the beneficiary’s legally appointed conservator, if the beneficiary has one. Rule 54.13(b)(2); § 506.150.1(2), RSMo 2000. If the beneficiary has no legally appointed conservator and is incapacitated, after commencement of the suit by service on the beneficiary under Rule 54.13(b)(1), the court should be requested to appoint a guardian ad litem for the incapacitated beneficiary under Rule 52.02(k) and § 507.100.2, RSMo 2000. Failure of the court to appoint a guardian ad litem will result in a voidable judgment if the verdict is against the disabled adult. The duty to seek a proper appointment and service on the custodial beneficiary rests with the party seeking judgment against the incapacitated adult, either as...