Q: I think my brother, who is holding the POS, of my father’s estate is enriching himself

A: In California, if you suspect that your brother, as the holder of the Proof of Service (POS) of your father’s estate, is mismanaging or enriching himself at the expense of the estate, you have the right to take action. The first step is to request a detailed accounting of the estate's assets, expenses, and distributions from your brother. This is your right as a beneficiary or interested party in the estate.

If he fails to provide satisfactory accounting or if the provided accounting raises further concerns, you can file a petition in probate court. In this petition, you can request the court to order him to provide a full accounting and potentially challenge his actions if they seem to be in breach of his fiduciary duties.

It's important to gather as much evidence as possible to support your suspicions. This can include any irregular financial transactions, discrepancies in estate records, or any actions by your brother that appear to be self-serving.

Given the complexities involved in estate matters, consulting with an attorney experienced in probate law can be beneficial. An attorney can help you understand your rights, guide you through the legal process, and represent your interests in court.

Remember, the administration of an estate should be transparent and fair to all beneficiaries. If there is any mismanagement or breach of fiduciary duty, the court has the authority to address these issues and ensure that the estate is properly administered.