Legal Question in Wills and Trusts in Virginia
How can I recover monies from a bank account of my deceased father that was a joint account with his live in friend?
1 Answer from Attorneys
You probably cannot. Here's the relevant Virginia law:
"� 6.2-608. Right of survivorship.
A. Sums remaining on deposit at the death of a party to a joint account belong to the surviving party as against the estate of the decedent unless there is clear and convincing evidence of a different intention at the time the account is created. If there are two or more surviving parties, their respective ownerships during their lifetime shall be in proportion to their previous ownership interests under � 6.2-606 augmented by an equal share for each survivor of any interest the decedent may have owned in the account immediately before his death; and the right of survivorship continues between the surviving parties."
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