Legal Question in Wills and Trusts in Utah
Trustee right to act
My domestic partner owns a house in an association. The by-laws state that only the lot owner can vote or hold office. I am the successor trustee for his trust and the house is part of the trust. Can I vote in the election of officers in his absence (he is out of the state for 6 months). Could I run for office? Does being the successor trustee give me any kind of status with respect to ownership relating to the association? I am not on the deed for the house.
1 Answer from Attorneys
Re: Trustee right to act
If the house is titled in the name of the trust, and if you have power under the trust to act in the name of the trustee in his absence (usually granted by a power of attorney) you could vote. Being a successor trustee alone gives you no power until you become trustee. That happens on the death or incapacity of the first trustee.
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