Is she did not specifically follow the terms of the trust she is in breach of her fiduciary duty and the beneficiaries that have been harmed by her actions can file suit against her. This is a very serious matter and the courts do not tolerate this type of behavior.
"Probate Code Section 16420. (a) If a trustee commits a breach of trust, or threatens to commit a breach of trust, a beneficiary or co-trustee of the trust may commence a proceeding for any of the following purposes that is appropriate:
(1) To compel the trustee to perform the trustee's duties.
(2) To enjoin the trustee from committing a breach of trust.
(3) To compel the trustee to redress a breach of trust by payment of money or otherwise.
(4) To appoint a receiver or temporary trustee to take possession of the trust property and administer the trust.
(5) To remove the trustee.
(6) Subject to Section 18100, to set aside acts of the trustee. (7) To reduce or deny compensation of the trustee.
(8) Subject to Section 18100, to impose an equitable lien or a constructive trust on trust property.
(9) Subject to Section 18100, to trace trust property that has been wrongfully disposed of and recover the property or its proceeds.
(b) The provision of remedies for breach of trust in subdivision (a) does not prevent resort to any other appropriate remedy provided by statute or the common law.
16421. The remedies of a beneficiary against the trustee are exclusively in equity.
What can you get in the way of damages when there is a breach of trust by a California trustee? The California Probate Code also deals specifically with trust damages, or damages in a trust lawsuit. California Probate Code Section 16440(a) deals with damages for a trustee's breach of trust and is available for viewing without cost at:
The statutory law on trustee damages includes the following:
Probate Code Section 16440. (a) If the trustee commits a breach of trust, the trustee is chargeable with any of the following that is appropriate under the circumstances:
(1) Any loss or depreciation in value of the trust estate resulting from the breach of trust, with interest.
(2) Any profit made by the trustee through the breach of trust, with interest.
(3) Any profit that would have accrued to the trust estate if the loss of profit is the result of the breach of trust.
(b) If the trustee has acted reasonably and in good faith under the circumstances as known to the trustee, the court, in its discretion, may excuse the trustee in whole or in part from liability under subdivision (a) if it would be equitable to do so."
Where in CA was your grandfather residing at the time of his death so I can provide you with links for probate attorneys in that area that provide FREE consultations and can assist you with this matter in court?