Narcissistic sociopath sister disinherits 2 siblings by living trust & misappropriates trust assets

Jurisdiction
Maryland
My mother died 9.5 years ago and left all of her assets to my father with the stipulation in her will that, upon his death, the assets be divided EQUALLY among their five children. My father died 3/27/2016. In December 2007, my 9 year younger narcissistic sociopath sister convinced my father to put all of his assets into a living trust, leave the assets only to his three younger children and disinherit his two oldest children. We learned much later that my sister, behind our backs, had driven our reputations into the ground, essentially scapegoating us, bugging my father for a year after my mother's death and he finally gave into her. At his death, my father's assets would have totaled approximately $1.2 million. Right now, there is about $500,000 left in his estate. We have learned that my sister and a brother (one of the three younger children), have each taken approximately $350,000 from his estate over the intervening 8 years.

On 3/20/16, in the hospital, my father (out of the blue with no request from his two older children or anyone else) requested to change his living trust to have his assets equally distributed to the five siblings upon his death and he signed the paperwork to do so on 3/25/16, 2 days before his death. My father was lucid and proceeded to change the trust over the screaming fits that my sociopath sister displayed over several days between 3/20/16 and 3/25/16. All five of us were present when he signed the papers in front of the trust attorney and a notary public.

My father also changed the trustee at the same time from my sociopath sister to my brother who was originally disinherited along with me, the disinherited sister. I think my father finally realized what a greedy, self-indulgent, self-entitled, no conscience b*t*h my sister is and wanted to try to do right by my brother and me. My sister has not volunteered any information to help my brother and still tries to control every move in the administration of the estate. My brother has to ask and dig for every piece of information, is 59 with back problems and lives out of state and does not need this added stress. Basically, my sister has thrown up roadblocks every step of the way and really believes she is entitled to ALL of my father's assets but has formed an alliance with my other brother who has taken on the ways of the psychopath prisoners he has watched for 20 years. Also, the third sibling, a sister, who was supposed to get a third of everything in the original living trust has received almost nothing over the intervening 8 years.

My questions:

1. Can we go back to the time that my mother died (Sept. 2006) or the creation of the first living trust (Dec. 2007) and claim one-fifth of the assets that were in the trust at that time? My brother has started a thorough forensic accounting of all the transactions of the trust from its' inception and has found thousands of dollars of questionable withdrawals from it. My sister has screamed at him that this is what Dad wanted since it was HIS money, but we all know that she controlled all of his finances, swooping down before my mother's body was cold in 2006, and taking over all of his finances from that day.

Or, are we consigned to simply sell his home, and time-share, contents of the house, etc. listed as assets of the trust, from 3/25/16 forward?

2. My sociopath sister convinced my father to put her name and his name only on his personal checking account to pay his bills and now has stated that she will not divide the amount in that checking account, approximately $16,000 in fifths to the rest of us. She has stated that this is now HER money and there is nothing the rest of us can do about it, ha-ha!!!!! My trustee brother and I visited the bank where the checking account is held, told them that my brother is now the trustee of my father's estate and the bank said there is nothing they can do. My father wanted ALL of his assets divided by five to his children. Is there anything that we can do about the checking account?

3. My father had three life insurance policies. My sister finally gave my brother, the trustee, a list of them 4.5 days after my father's death. When my brother called, five days after my father's death, the beneficiaries were the three younger siblings. When my brother asked the amount of the insurance, the first company said that it would only give that information to one of the beneficiaries. My brother handed the phone to the sister that got nothing over the intervening 8 years and the sociopath sister slapped the phone out of her hand, all the while screaming no, no, no, I don't give MY permission for the amount. The sister who had not received anything backed down and told the insurance company that she would call later.

My question - the life insurance policies are listed as part of the living trust. Do the beneficiaries or the living trust have precedence over the insurance proceeds amount? Of course, the sociopath sister called the three insurance companies less than 8 hours after my father died (when they opened) and immediately filed claims for all three insurance proceeds, basically before my father's body got cold!!!

This has been a very stressful time for the two disinherited siblings. I did not know the extent of my sociopath sister's treachery and evil ways until this past week (after my father died). My sociopath sister is the product of being treated as the "golden child" by both my mother (a sociopath herself) and my father. My parents never punished or chastised my sociopath sister for any wrongs when she was growing up. When my sociopath sister was 4.5 years old, she deliberately murdered two baby robins that my brother and I had taken in after neighborhood boys killed their parents. Since she was not the center of attention anymore, she went to the basement where the baby birds were kept, threw first one then the second as hard as she could against the wall, killing them, right before me and my brother got to her. She knew exactly what she was doing with that smile and evil gleam in her eye. Of course, my mother screamed at us and punished us instead of her. I knew at that time that something was wrong with her but didn't know until college what these people were labelled (narcissistic sociopath).

She got away with everything including three abortions (which my mother paid for) from going out with boys starting at the age of 12. My parents had given her hundreds of thousands of dollars BEFORE my mother died to get her out of two marriages, bankruptcy and generally support her. My disinherited brother and I got jobs when we were 12 and handed the money over to our parents until he left the house at 19 and I left the house at 22. I was a virtual slave, going to school, doing all of the housework, including cooking dinner and cleaning the house, doing the wash, etc. from the age of 5 AND working a full-time job on the books all through high-school and afterwards. If there were ever two children who deserve their inheritance, it was us two.

Please help us. My trustee brother saw the trust attorneys for two hours this past week with many questions, but now they want to charge him $350 per hour for any more consultations!! They just charged the trust $1200 for about two hours worth of time and changing three clauses of the original trust. They are as greedy as my sociopath sister in my opinion. When they changed the trust, they verbally told all of us to call them anytime with any questions. I assumed the $1200 covered ALL questions that came up forever more since my brother is brand new at being a trustee and they knew this.

Thanks.
 
A person's ability to transfer assets after the person dies is extinguished upon the death of the person.

If Bill wants Roger to inherit his Harley, but bequeaths it to Buster in his will, Buster upon acquiring the Harley isn't legally required to effect the transfer of the Harley to Roger.

Please accept my condolences upon the loss of your mother and father.

Your sister owns all of the remains of their once joint checking account upon the demise of your father. What she does with her money is her business, no matter how anyone feels.

Life insurance policies are creatures of very special contract and financial laws. The proceeds of any life insurance policy are disbursed by the insurer as per the insured's instructions for his or her beneficiaries.

No one is disinherited. The term disinherited is archaic today, much like the characterization of a child born out of wedlock as a bastard, in a legal sense.

Before you begin consultation with any professional, it's in your best interest to understand what the consultation will cost.

I do wish you well.
 
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