Legal Question in Wills and Trusts in Georgia

No, it don't work this way. Things like life insurance and retirement benefits are named designated beneficiary non-probate assets.That means if a person who is alive is named, he or she gets the money to spend on whatever. If your 62-year old brother wanted your father to receive the money then he would have named the father as beneficiary, not your daughter. Your brother did not do that so your daughter gets the money (assuming that the information you posted is correct - I would have to see the documents to be certain). The answer to your question is no. Your father cannot go through probate to claim the funds. Your brother's probate estate, if there is one, pays for the funeral and can reimburse your father. But if there are no assets other than retirement and life insurance then your father is out of luck. Of course, if your father believes that your daughter engaged in some machinations to get herself named as beneficiary, then he could sue her outside of probate to have a constructive trust imposed. This is very unlikely unless father has some concrete evidence.