Legal Question in Wills and Trusts in California

Yes, and, hire a lawyer.

Yes beneficiaries are.

If a trustee misuses trust funds, you would bring a motion to the court.

Is the trust irrevocable? Please contact an attorney who can go over the additional facts needed to answer your question fully.

While you are finding an attorney to represent you or preparing the petition yourself [which is probably beyond your ability to do properly and may result in delays and the trustee spending more funds that you might not be able to recoupe later because they have no assets], write a letter/e-mail the trustee and point out that under the law you are entitled to a copy of the trust documents and that Trust funds can only be spent as directed in the Trust and not otherwise. If the will not immediately stop using funds improperly you will file a petition to have them removed, surcharged to pay all amounts misused, pay all attorney fees incurred to have them, and if their is an elder beneficiary perhaps pursue civil remedies for elder abuse. If yo are sure that you are correct you must take a hard stance and get as many of the beneficiaries to join you as possible.

If the trust has become irrevocable because trustor/settlor has died, then you, and the other beneficiaries, are entitled to receive a statutory notification that the trustee must serve on you/other beneficiaries. Probate Code �16061.7(a)(1). You also have the right to receive a copy of the terms of the trust if you request it. Probate Code �16061.7(g)(5). Even though the code says "copy of the terms of the trust", in reality, this means that you're entitled to a copy of the trust. If the trustee is misusing the assets of the trust, then a petition in Probate must be filed that requests an accounting of trust, removal of the trustee and surcharging of the trustee. (requiring the trustee to repay the trust and/or lose his share of the estate). You will need an attorney to assist you with this.