Beneficiary question

[vocals40]

What is the name of your state (only U.S. law)? NY
I posted this in another forum but I'm hoping that someone who knows elder law can help with this.
My father recently passed away and he had my brother as executor of his estate, trustee for his revocable trust, poa of my father and my mother and so on. When we called the life insurance company to claim the policy, they said the beneficiary was my mother who has been in a nursing home for 15 years under Medicaid. We know my father covered everything from establishing the will, the revocable trust and even all the funeral expenses for him and my mother and are puzzled as to what happened to the change of beneficiary ?? My brother knows my father completed a form. The policy is valued for $40k and the premiums were all paid up as of years ago. My brother also has his name as an ITF for my mother's bank account for funeral expenses established when my mother was hospitalized. We do not want Medicaid or the nursing home to have this money. What can we do ??

[Kiawah]

I'd be going through all of the old paperwork at the dad's house, to see if you can find anything which indicates that the beneficiary was changed.

I always ask for a written confirmation back on any beneficiary changes, or if it's done online I do a 'print screen' so I have a hardcopy documentation of the change.

It's probably the equivalent of about 5 months of nursing home care for your mother. Since she's been in there 15 years that would be a great ROI for you if they end up keeping the money.