Consumer complaint received 2019-07-23
Company: BBVA FINANCIAL CORPORATION
State: AL
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:
Beginning XX/XX/XXXX, my Mother set up 3 generous Indenture trusts for my XXXX children, via Compass Bank. She made Compass and I co-trustees each account. Neither myself or then spouse XXXX XXXX donated to trusts. My spouse never showed interest in viewing the Compass monthly summaries, though I would have loved for him to! The trusts were never my money and therefore not  divisible in our final year of divorce, XX/XX/XXXX. In XX/XX/XXXX Compass trust officer Mr.XXXX  indicated to me by phone that the XXXX Court was pressuring him to make the trust of our youngest-XXXX- a marital asset. Mr. XXXX called me one day in tears, around end of XX/XX/XXXX, saying the Court had him fired for approving a car expense for XXXX. Her used XXXX, by the way, proved indespensable & the portion from her trust to pay for it was only due to XXXX XXXX not paying his court ordered payments on her car. XX/XX/XXXX became awful " trust wise. '' After 26 years of being co-trustee, sending my XXXX older children thru college with trust money at the end of their finishing college, XXXX court added a seemingly innocent addendum to our FJOD, XX/XX/XXXX.The additional order said XXXX XXXX could view the trust, but, in reality, I was stripped of my half control of trust, my half given to spouse, against the trust contract & my mother 's wishes. I still got monthly summaries, but tuition bills were set to automatically withdraw from the trust without my seeing them, which I didn't agree to, and my daughter was told to ask for funds from Trust Officer XXXX XXXX, or from XXXX 's formerly uninterested father, XXXX XXXX, all without my knowledge, as opposed to asking me.Basically I had no idea how my Mom 's gift was being spent until after the fact.Therefore I can not trace payments to her account as valid. At age XXXX, with two years of college left, XXXX received, supposedly, the principle & income of her trust. I have contested that disbursement as not being her true principal with AL Banking Dept, who ruled favoring Compass. Al Banking Letter stated Compass had no.choice but to obey " XXXX '' order. Other Banks in this situation have tried to educate Court on stringent UTMA rules. One bank even appealed in court and won. An UTMA is not a marital asset, especially when it's third party.Compass did zero to contest the judicial order and protect XXXX 's asset. Compass fired the Trust Officer MrXXXX XXXX who agreed with me something illegal going on.The Banking Dept Letter cited a credit/debit log to prove no money taken, a log just like a normal checking account cited in their report. That's a problem : a trust should not run like a checking account, funds should be invested & grow.The log showed, according to the letter, funds spent correctly, even though not a true accounting : no records of my daughter 's requests for money & no proof of receipt given. It takes more than a simple log to prove no trust malfeasance.If there was more proof I did not see it. The missing principal at disbursement was cited by XXXX XXXX as " just closing trust '' and the " XX/XX/XXXX taxes '' of {$1400.00} -that said exactly what they were,XX/XX/XXXX taxes-were not really XX/XX/XXXX taxes at all. I disagree.Concerns : ( 1 ) XXXX never received principal of {$15000.00} She should have received the {$1400.00} included in the {$15000.00}. XXXX 's trust supposedly " closed '' with receipt of {$7300.00} on XX/XX/XXXX. Trust did NOT close XX/XX/XXXX, as the {$1.00} interest on XX/XX/XXXX was not given to her on XX/XX/XXXX but changed to " fee '' status on XX/XX/XXXX, swallowed up with rest of bank fees. Compass stole that tiny interest, {$1.00}, it's still wrong! On XX/XX/XXXX, the {$14000.00} principal -as shown on " statement of assets '' -dated end XX/XX/XXXX, bottom of page, and {$1400.00} ( tax rate 10 % on {$24000.00} for whoever stole her money ) are added to make the final stolen principal of {$15000.00}. Adding principal and illegal personal tax reimbursement together equals {$15000.00}. The principal on XX/XX/XXXX is about {$400.00} less due to devaluation : {$15000.00}. ( 2 ) Why wasn't XXXX was advised on how to handle a nice NOL {$3900.00} when trust closed, after all she paid over {$1000.00} in fees! ( 3 ) Why not advise her of excess deductible bank expenditures listed on K1? I couldn't advise because I never saw these details prior to XXXX XXXX letter : excess deductions {$440.00} and {$570.00}. ( 4 ) Why is trust principal not on " account snapshot '' page but always further back on " transaction summary '' page? Transaction Summary page is just a log of transactions. Was the principal invested AT ALL? If majority of trust principal is set aside, uninvested, the bank fails in honoring their agreement with my Mother, XXXX XXXX, enacted XX/XX/XXXX & there -explained- is ( 5 ) the trust 's amazing financial losses : its making only a few dollars of income per year.

Company response to consumer: Closed with explanation