Legal Question in Real Estate Law in Utah
Competency issue of trustee
I am buying a house from a man who is in jail. He has been given permission by the court to conduct business, but has not yet been found competent to stand trial for the offence he committed, and must undergo further evaluation. The property is in a trust and he has signed the sales papers. Is it possible for a man to be competent to conduct business, but not competent to stand trial on a felony? I do not want to proceed with the purchase only to have the sale invalidated or a shadow cast on the title down the line.
1 Answer from Attorneys
Re: Competency issue of trustee
This is a fact based question, which cannot be answered without all of the facts. It is possible if the criminal court is looking to determine whether he is competent to understand the consequences of his criminal acts, however, he could still understand what he was doing, which is what is required to sell the house. To be safe, you may want to get a court to determine whether he is competent to make the sale - or wait to see what the criminal court finds. If the criminal court finds him competent, you are ok.
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