On a checking account... if you add Jane A''s name to it to take care of John B's affairs and John B passes away?

This answer is not intended to provide you with legal advice regarding your specific situation, or to create an attorney-client relationship.

Assuming that the checking account is held in Georgia, and that John was a Georgia resident, if the account bore the names of both Jane A and John B, then state law would normally presume that Jane and John held the account as joint tenants with rights of survivorship while both of them were still living, and that the money in the account automatically became Jane's property at John's death, assuming that Jane did survive John. However, if John's sole intent in adding Jane's name to the account was to allow Jane to assist him with handling his own affairs, for his personal convenience, and John never really intended to make Jane an owner on the account, then the Executor of John's estate may be able to claim the money in the account as John's property. The catch is that John's Executor will need to be able to produce evidence that the true intent was not to make Jane a co-owner of the account, but simply to add her to the account for John's convenience. The easiest way to do that would often be for Jane to sign an affidavit stating that, at the time she was added to the account and at all times thereafter, her understanding was that she was being named on the account solely for the purpose of making it easier for her to assist John with paying bills and otherwise managing his funds. If Jane is not willing to do that, then it may be much more difficult to prove John's intent, and it could well require the Executor to take Jane to court.

By the way, a "living" will does not provide for the distribution of assets under Georgia law. A "living will" is a health care related document which deals with your wishes in the event that you are in one of a couple of very serious medical situations with no significant hope of recovery. A document which states, essentially, "here is what I want to have happen to my assets at my death," is simply a Will, or a "Last Will and Testament."

In order to avoid situations such as the one you are asking about, I usually recommend to my clients that they never add anyone to a Georgia bank or brokerage account unless they really want that person to be an owner of the account and to receive all of the remaining assets in that account automatically upon the client's death. If the client wants to ensure that someone else can help him with managing his assets, which I recommend that he do, it is generally much better to have the client sign a Durable Power of Attorney naming the desired agent, and then have the agent use the Power of Attorney if and when needed. Another option if incapacity may continue for a long time can be a revocable living trust, where a backup trustee can manage assets held in the client's trust if needed. You should really never name someone on a joint account with you just for the purpose of letting them help you manage your affairs. Unfortunately, some banks suggest exactly that, which is one reason it is very important to consult with a good estate planning attorney when trying to figure out how to deal with your assets in the event of death or disability.