Thank you for your patience
What you are describing, if the $38K was “his” (meaning he was the named beneficiary)? You have an uphill battle to try and recover that money. You could hire a lawyer….and open probate…and try and sue to recover that money…but I fear that would be a waste of resources.
What you are describing, I understand your father wanted to remove the brother from all accounts. And it sounds like he was mostly successful…it seems he forgot one.
But the problem you have is that he forgot…and his forgetting is not a basis to void the policy. At all.
You can hire a lawyer…and open probate…and you may even be able to convince the probate court judge that this was a mistake. But even if you do all of that? Life insurance policies pass outside of probate…And your brother was the named beneficiary on the policy. Unless you have evidence that your father applied for the chance to the beneficiary and that the company made the mistake? The judge is not going to change the policy.
Basically, to sue and win you have to prove that your father made a written request to change the beneficiary and that the insurance company failed to honor his request.
This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you can keep your brother from taking this money but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.