Margaret Landen Saks v. Heinrichs & De Gennaro, P.C, 04-15-00727-CV

The Saks Children Family Trust (created 1991) is an irrevocable spendthrift trust for Sandra Saks' children; Diane Flores served as original trustee and later gave notice of termination. Marcus Rogers was appointed interim trustee.
Lauren Saks sued (2011) alleging trust mismanagement; the parties executed a mediated settlement agreement (MSA) that included an arbitration clause and a provision allocating attorney fees to Heinrichs & De Gennaro (Lauren’s counsel).
An arbitration was held and an award entered requiring payment of attorneys’ fees to Heinrichs; the trial court confirmed the arbitration award and entered final judgment (May 7, 2013).
Heinrichs obtained a judgment and later filed a motion to disburse funds from the court registry to satisfy that judgment. The interim trustee did not object to payment.
Margaret Landen Saks (beneficiary) filed a verified plea in intervention (August 2015) arguing: (1) the trust lacks capacity to be a judgment debtor; (2) the trust is protected by a spendthrift clause so fees cannot be charged against trust assets; and (3) the interim trustee breached fiduciary duties by failing to object.
On September 25, 2015 the probate court struck Landen’s intervention and ordered disbursement from the court registry to pay Heinrichs; Landen appealed, arguing the trial court abused its discretion.

Issue	Plaintiff's Argument (Landen)	Defendant's Argument (Heinrichs)	Held (trial court)
1. Whether court erred by striking plea in intervention	Landen—she, as beneficiary, had a justiciable interest and could act for trustee who refused to protect trust; intervention was necessary and would not complicate the case	Heinrichs—intervention improper; no sufficient interest or procedural basis to interrupt collection	Trial court granted Heinrichs' motion and struck Landen’s intervention
2. Whether court erred by ordering disbursement from registry to satisfy judgment	Landen—judgment against the "Trust" is unenforceable because a trust is not a legal entity, spendthrift clause bars collection, and trustee wasn’t properly made judgment debtor; turnover cannot cure misnomer after final judgment	Heinrichs—funds on deposit with clerk are subject to turnover and can be applied to satisfy judgment against trust	Trial court ordered disbursement from registry to pay Heinrichs’ judgment

Guaranty Federal Savings Bank v. Horseshoe Operating Co., 793 S.W.2d 652 (Tex. 1990) (standards for intervention and when striking an intervenor is an abuse of discretion)
Ray Malooly Trust v. Juhl, 186 S.W.3d 568 (Tex. 2006) (a trust is a fiduciary relationship, not a separate legal entity; actions must generally be brought against the trustee)
Huie v. DeShazo, 922 S.W.2d 920 (Tex. 1996) (trust and attorney-client issues; context for treating client as trustee vs. trust)
Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238 (Tex. 1985) (abuse-of-discretion standard for appellate review of trial-court discretionary rulings)
Interfirst Bank–Houston, N.A. v. Quintana Petroleum Corp., 699 S.W.2d 864 (Tex. App.—Houston [1st Dist.] 1985) (trustee as proper party to enforce or defend claims involving trust property)