Legal Question in Banking Law in Illinois

My mother passed away on May 11, 2011 at age 87.. She left a $12,000 I.R.A. from Bank of America to her 2 surviving children (My sister, who is Executor of the Will, and myself).

My sister contacted them in June, 2011 with instructions to send paperwork to me for a payment of $6,000 as per terms of will.

I received paperwork (Beneficiary Distribution Election Form) and letter acknowledging my mother's passing dated June 20, 2011 from Bank of America.

I completed paperwork and sent form back with distribution instructions (Lump sum Distribution minus federal taxes), and checked box "Mail check to address above." on June 29th, 2011.

As of August 1, 2011, I had received no check nor correspondence form Bank of America. i called the phone number listed for the Beneficiary Dept. on original letter sent to me.

A rep from B.O.A. heard my story and at one point had the nerve to ask me "You sure you didn't get it thru the mail?"...which to me implied that I was either an idiot or a fraud!

At this point he said he had to check with his manager. When he returned, he stated that the paperwork I had returned was all in order, that B.O.A. had okayed the payment on Juy 20th, 2011 and had sent a Cashier's check within 3 -4 business days of okaying payment....So, I waited. Nothing came in mail.

On August 8, 2011, I again called B.O.A. and had to bring THAT representative up to speed on the situation. She said she would "research it." My address checked out with their records and she took my phone number and stated "You will call us if you receive the check?" I stated I would ASAP because I want this matter resolved and to be done with Bank of America! I asked her as well as previous person why didn't they send the check certified? Vague resonse.

It is now August 16th, 2011. The postman has come and gone, and I have received no written nor phone correspondence from B.O.A. I checked with my local post office and they stated they would do a nationwide search thru their "Mail Recovery Center."

I have asked for documentation that check was sent to me and the zip code where it was sent in previous calls (per postal service directions) and was told that info wasn't readily available.

I will be calling them again tomorrow. Up to this point, B.O.A.s attiitude seems to be one of "Magical thinking"....that one day a check will appear in my mailbox. I resent having to do their work in trying "postal search." But I need B.O.A. cooperation even to get THAT started!

SO, What can I do to expediate the process? I have asked them to send another check thru certified mail, but they keep their posture of "Magical thinking."

thank you for listening,

Frank Brunner

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