Beneficary is a substance abuser

[Lilfarm]

What is the name of your state (only U.S. law)? Florida
Hello and thank you for your advice.
My mother passed away over three years ago and my father recently passed as well. They had made their original will 15 years ago. At that time, they told me they had disinherited my brother completely, as they were afraid what he would do with the money. (I personally haven�t seen my brother in over 20 years. He has a history of drug and alcohol abuse. The few times I have spoken to him over the years, he has been living in the woods somewhere, or a motel. It is very hard to hold a conversation with him, as he makes no sense.)
My dad changed his will about 6 months after my mother died, but kept in the provision about not giving my drug addict brother anything. My dad also has problems with mental illness. (I have an entire church congregation that will attest to this,) The attorney that my dad had change his will, also talked my dad into becoming his personal representative. Who knows what else this lawyer told my dad. I believe my dad didn�t� understand what he was doing. (I have since hired another lawyer to make the original one step down.)
What my dad didn�t do, is change the beneficiary for his life insurance. I truly believe my dad thought that was taken care of by making a will.
I don�t think the insurance company will ever find my brother and the money will just go to the state. (If for some chance they do find him, he will kill himself with the money.) I cannot find a lawyer to help me at all. They all tell me it�s a lost cause and/or a waste of money and time.
Is there some way I can do this on my own, so I can get in front of a judge? I have proof of my brother�s problem with substance abuse since he was about 12-he just turned 43.
What are your thoughts on this?
Thanks again

 

[LdiJ]

What is the name of your state (only U.S. law)? Florida
Hello and thank you for your advice.
My mother passed away over three years ago and my father recently passed as well. They had made their original will 15 years ago. At that time, they told me they had disinherited my brother completely, as they were afraid what he would do with the money. (I personally haven�t seen my brother in over 20 years. He has a history of drug and alcohol abuse. The few times I have spoken to him over the years, he has been living in the woods somewhere, or a motel. It is very hard to hold a conversation with him, as he makes no sense.)
My dad changed his will about 6 months after my mother died, but kept in the provision about not giving my drug addict brother anything. My dad also has problems with mental illness. (I have an entire church congregation that will attest to this,) The attorney that my dad had change his will, also talked my dad into becoming his personal representative. Who knows what else this lawyer told my dad. I believe my dad didn�t� understand what he was doing. (I have since hired another lawyer to make the original one step down.)
What my dad didn�t do, is change the beneficiary for his life insurance. I truly believe my dad thought that was taken care of by making a will.
I don�t think the insurance company will ever find my brother and the money will just go to the state. (If for some chance they do find him, he will kill himself with the money.) I cannot find a lawyer to help me at all. They all tell me it�s a lost cause and/or a waste of money and time.
Is there some way I can do this on my own, so I can get in front of a judge? I have proof of my brother�s problem with substance abuse since he was about 12-he just turned 43.
What are your thoughts on this?
Thanks again

There is not a thing that you can do, nor anything that a judge could order, to change the fact that your brother is a beneficiary on the life insurance.

The only possible thing that could be done would be to prove your brother incompetent, and get you approved as his financial guardian. Then you could make sure that the money was spent to his benefit. However, if you cannot locate him, that is problematic.

 

[justalayman]

I cannot find a lawyer to help me at all. They all tell me it�s a lost cause and/or a waste of money and time.

and you believe getting in front of a judge will somehow change the law that all the lawyers are considering when they tell you it is a lost cause and a waste of time and money?

Is there some way I can do this on my own, so I can get in front of a judge?

no. You have no standing to do anything about this

I have proof of my brother�s problem with substance abuse since he was about 12-he just turned 43.

that is irrelevant actually.

What are your thoughts on this?

leave it alone. Since you cannot find him and there is a good chance the insurance company cannot find him the insurance payout will simply set there and eventually either escheat to the state or be turned over to the state department that deals with unclaimed money. In either case your brother is unlikely to ever be aware of it so it is likely he will never claim it and ultimately in the end, by doing nothing, you are saving him.

If you attempt to do something and end up finding him, unless you can somehow prevail in your quest to prevent him from getting the money (you almost assuredly will not) you will actually be putting him and the money together which will be your worst case scenario.

 

[Lilfarm]

Thank you for explaining that.
I don't think I will ever be able to locate my brother and I don't believe the insurance company will be able to contact him either. If there was contact, first of all, how would I know-and second, he would have killed himself with the money before I could step in.
Perhaps a dumb question: Are there any consequences for the insurance company, if they give thousands of dollars to a known, drug abuser?
I have a hypothetical question.
Let's say, a beneficiary of a life insurance policy was in a terrible accident and had brain damage, or some other debilitating condition to their cognitive function-or mental illness has manifested itself and they came into insurance money-without a legal guardian.
Is there some kind of law to protect them from themselves?
Thanks again

 

[justalayman]

If there was contact, first of all, how would I know-and second,

unless your brother told you, I suspect you would never know

he would have killed himself with the money before I could step in.

if he is going to kill himself, the money will not make him do it but simply allow for him to do it quicker. Not trying to be mean about this but this is something you simply have to accept as you cannot control your brother. I have been closely involved with several people in situations similar to your brother and one thing I have learned; it is not my fault and realistically, there is nothing I could do about them. It is believed one of them may have actually committed suicide but since he was not an ongoing threat to himself, there was nothing that could be done for him.

Perhaps a dumb question: Are there any consequences for the insurance company, if they give thousands of dollars to a known, drug abuser?

first, how would they know and second, in itself, being a "known drug user" is such a vague statement it is meaningless in this sort of situation and third; no. They are required to make payment as the contract requires and are in violation of the law if they do not unless there is a court's order prohibiting it. They do not get to decide whether a person deserves money or is capable of handling money. Their sole action is; pay the money to whomever it is determined is legally due the money.

I have a hypothetical question.
Let's say, a beneficiary of a life insurance policy was in a terrible accident and had brain damage, or some other debilitating condition to their cognitive function-or mental illness has manifested itself and they came into insurance money-without a legal guardian.
Is there some kind of law to protect them from themselves?

if they were capable of completing the documents the insurance company requires and if the financial institution did not believe there was an issue, they would end up with the money. It would be theirs to do with as they choose. It is not the obligation of the insurance company to investigate the payee other than ensuring they are the proper payee.