Consumer complaint received 2020-01-28
Company: UMB FINANCIAL CORPORATION
State: MN
Product: Checking or savings account
Sub-product: Other banking product or service
Issue: Managing an account
Sub-issue: Funds not handled or disbursed as instructed

Complaint:
My brother and I have four trusts ( including two charitable trusts ) with UMB Bank from Missouri. These trusts, under the name XXXX XXXX Trusts, were originally with XXXX XXXX XXXX XXXX  ( XXXX ) in Minnesota but were transferred/sold to UMB Bank NA, located in Missouri, in XXXX. The XXXX XXXX office was retained by UMB to be the Minnesota trust administrators in accordance with Minnesota Trust code requiring a presence in the original jurisdiction. In XXXX, XXXX  withheld an every five year disbursement of {$200000.00} due to my brother and me, stating we had " signed '' it away in the transfer from our previous company, XXXX XXXX, to XXXX in XXXX. 

I found out in XX/XX/XXXX that that was a falsehood. I confronted our now trust company, UMB, with this information and after their lawyers reviewed the will/court documents, they distributed the money owed from that distribution, but have since stopped/refused to disburse any money from my trust for day to day living. They have used the excuse that because I received an insurance disbursement from my late stepfather ( that I used to buy a cabin, a boat and some land ), they do not have to give me my previously disbursed, monthly disbursement. I suspect other trusts held by them are also receiving inadequate disbursements because of UMB 's losses. 

I recently found out that UMB, after buying XXXX for {$180.00} XXXX, lost over {$45.00} XXXX in factoring debt ( it looks like they have turned that debt into a long term loan due in the XXXX 's ). I believe the reason why my previous very pleasant relationship of several years with my XXXX trust officer, XXXX XXXX, changed quite dramatically in XXXX was because XXXX were inflating the true value of their trust accounts for the sale to UMB.  XXXX was the year my brother and I were told we had released our five year {$200000.00} distribution away forever. 

With the timeline, I suspect the reason XXXX refused to pay my brother and me the {$200000.00}, and lied about why they did not have to, was because they were trying to strengthen their asset position for the sale. For example, with just our two accounts, saving {$400000.00} every five years ( {$80000.00} per year ), not having those disbursements say 8 times, would equate to {$3.00} XXXX extra over 40 years. Now add compound interest at 6 % and that number jumps to approximately {$17.00} XXXX over the same period. XXXX  had well over a hundred accounts. If they did that with ours, what were they doing to the other accounts? 

Even while UMB has been buying out other trust companies such as XXXX XXXX this year in states such as Iowa, they have transferred/sold their Minnesota trust companies to XXXX XXXX in the summer of XXXX. Why? Were they forced to by a court decision or a settlement with another trust? I have just learnt that according to MN Trust code, we were to be notified in XXXX about the transfer of our trusts from XXXX  to UMB so we could raise any objections. We were never notified about the transfer. In fact, we were told that our trusts had been switched to UMB after the sale had happened. It seems very odd that UMB sold their Minnesota assets while accumulating other trust companies as fast as they could. 

I suspect UMB is suing the XXXX family ( which owned XXXX   ) based on an interview with UMB CEO XXXX XXXX and CFO XXXX XXXX given to the XXXX XXXX  website at the end of XXXX and early XXXX. The XXXX XXXX XXXX name was bought by former officers of XXXX   in early XXXX which in itself is interesting because three mid to high level officers in the first XXXX, managed to acquire over half a billion in assets instantaneously. How did they manage to do that? Was there a deal agreed to release the high asset trust holders back to XXXX, leaving the low to middle trust funds to be pillaged by UMB? 

But what about the Minnesota trusts including my own? The ones transferred to XXXX XXXX  probably have no idea what happen between UMB  and XXXX. We were defrauded ( and continue to be as they still refuse to pay my monthly disbursement for daily living as written in my mother 's will ) in betrayal of XXXX and UMB 's fiduciary duty. I suspect, like myself, that many trusts are being, right now, managed by these companies to maximize profit for themselves at the expense of their beneficiaries. 

In XX/XX/XXXX, we were informed that UMB was releasing their Minnesota Trusts. They wanted us to sign forms releasing them of liability and to transfer our trusts to XXXX XXXX  in Minnesota. I refused. They insisted I had to release them of liability before they would transfer the trusts, although the law is clear in that I do not have to release them of liability before the trusts are transferred. Because of that refusal, since XX/XX/XXXX, UMB has been delaying the transferal process. 

After pressure from our attorneys, in XX/XX/XXXX, UMB was finally ready to move our trusts. As co-trustee, under Minnesota trust law, I am required to carry out administrative duties ; I began to do some final accounting and noticed some anomalies with the fees we had paid to UMB. During the discovery process, I have been asking relevant questions to UMB about the accounting & administrative processes for the past years. This is when I discovered the above problems as well as other serious issues. 

I have refused to release UMB from liability until they have answered my questions. They are now refusing to answer my questions as required by law. For example, when I asked them about the initial trust transfer from XXXX to UMB and why my brother and I had not been informed, they called my attorney and told him to pressure me to stop asking questions. This is against Minnesota trust code. 

I believe this is because they have committed corporate fraud and have betrayed their fiduciary duty. I have quite a bit of evidence to support my story with emails, corporate reports, transcripts, accounting, XXXX spreadsheets and written documents. 

Please let me know if this is the appropriate government agency to write a complaint to. Thank you.

Company response to consumer: Closed with explanation