Tomlinson v. Khoury, 624 S.W.3d 601 (Tex. App.—Houston [1st Dist.] 2020, pet. filed).
In a case involving a turnover order against a trust, the court restated the established law that a trust is not a legal entity but rather a fiduciary relationship. The court explained that a trust cannot be sued but instead a suit against a trust must be brought against the trustee in the trustee’s capacity as a trustee. The court also stated that “where the trustee is not properly before the court as a result of service, acceptance, waiver of process, or an appearance, Texas courts have invalidated orders that grant relief against a trust.” Tomlinson at 608. According the trial court’s turn over order against the trust was void because the trustee in his representative capacity was not before the court.
Moral: An action against a “trust” must be brought against the trustee in the trustee’s representative capacity.