My aunt is recently deceased. I, her niece, am the executor of her will. My brother, her nephew, is to inherit 1/2 of the estate. For years ...

Question

My aunt is recently deceased. I, her niece, am the executor of her will. My brother, her nephew, is to inherit 1/2 of the estate. For years I have been joint owner of her checking acct. Her estate only consists of her mobile home (which will be sold), but is this checking acct. also part of the estate or does it now belong to me?

Answer

Under Virginia law it is provided that joint bank accounts belong to the surviving party unless there is clear and convincing evidence of a different intention at the time the account was created.