A motion for dismissal was filed in a lawsuit that accuses Rachel Morin’s mother, Patricia Morin, and older sister, Rebekah Morin, of fraud and unjust enrichment over money raised after Morin was killed in August 2023.

The 37-year-old mother of five was raped and killed the evening of Aug. 5, 2023, while she was on the Ma & Pa Heritage Trail in Bel Air.

During the 10-month investigation to identify and arrest her killer — 24-year-old Salvadorian native Victor Martinez-Hernandez, who was sentenced Monday to life in prison without the possibility of parole — numerous fundraising efforts were held to cover funeral expenses and help Morin’s children.

Through a GoFundMe set up by Rebekah Morin and fundraisers at local businesses, over $54,100 was raised for Morin’s children and held in an account controlled by Patricia and Rebekah Morin.

The funds, after funeral expenses, were then transferred to an Interest on Lawyer Trust Account controlled by the law firm of Rice, Murtha and Psoras LLC. which later transferred the funds to an online bank account to the “Honor of Rachel Morin Trust,” established by Rebekah and Patricia Morin on March 1, 2024, the lawsuit states.

Morin’s 20-year-old daughter, Faye McMahon — who was appointed to be the representative for her mother’s estate — and the fathers of Morin’s younger children, Joseph Custer and Jonathan Alderson, filed the lawsuit against Patricia and Rebekah, claiming that Morin’s children have not received any of the money that was raised.

On June 12, Patricia and Rebekah — through their attorney Randolph Rice — filed a motion for dismissal, stating that all of the money is being held in trust for the benefit of Morin’s children and that none of the money has been taken out.

The motion said the allegations of Morin’s children not having received any of the funds raised do not constitute a cause of action for fraud or unjust enrichment.

Rice declined to comment on the motion.

The May lawsuit is identical to the first suit Morin’s children and their fathers filed against Patricia and Rebekah Morin regarding money in May 2024.

According to court documents, the first suit was closed after both parties agreed to dismiss the matter by mutual consent in February. However, the suit has been listed as “reopened” due to inaction by the children and their fathers to file a stipulation of dismissal with prejudice on or before May 4, 2025, according to a filing by Patricia and Rebekah Morin from June 26.

Patricia and Rebekah have also requested that the former, reopened suit — along with the current suit — be dismissed.

The attorney for Morin’s children and their fathers, George Robinson, did not respond to a request for comment.

Matt McMahon, the father of Faye McMahon, said on her behalf that Faye is not concerned with the motion.

“She hasn’t given it much thought because she’d have been surprised if Randolph didn’t submit a motion to dismiss because he did in the last case,” McMahon said. “Faye is not concerned at all because she doesn’t think there is any chance it will succeed.”

McMahon explained that in April, Faye, who now has a newborn daughter, requested money from the trust to buy safety equipment for her daughter. He said Faye’s request was ignored.

He said Faye’s ideal outcome would be for the money to be controlled by Morin’s children.

“You shouldn’t think of the money as money — what it is is people coming together, opening their hearts and providing care and attention to Rachel Morin’s children,” McMahon said. “The position we have of this new filing is that [Patricia and Rebekah] intend to enrich themselves from this and have no intention to pay the money out. Why would they not provide money for safety equipment for Rachel’s granddaughter?”

Virtual court documents indicate that a motions hearing for the dismissal has been set for Sept. 18. During the hearing, Judge Alex Allman — the presiding judge over the family’s original lawsuit — will hear motions from both sides and decide on whether to dismiss the lawsuit.

Have a news tip? Contact Matt Hubbard at mhubbard@baltsun.com, 443-651-0101 or @mthubb on X.