Using AI for Your Estate Plan: "Write" or Wrong?

Should You Rely on Artificial Intelligence to Write Your Estate Plan?

ChatGPT—an artificial intelligence-powered chatbot by OpenAI—has been used by millions of people since it launched in November 2022. With its ability to create original text upon request, the tool has been used by students for homework and even by politicians in campaign ads. Still, no matter how useful this tool may seem, there are serious concerns that the ability to alter images or manufacture text is advancing beyond our human ability to detect falsehoods and forgeries. As one lawyer found out recently, you should NOT rely on artificial intelligence (AI) to prepare your legal documents.

The New York lawyer is facing a court hearing and possible disciplinary sanctions after his firm was discovered to have used ChatGPT to conduct legal research on a case. The attorney submitted a legal brief to the court that relied on several previously decided court cases in an attempt to persuade the judge to rule for his client. The problem is that six of those cases don't exist. These fake cases were completely made up by ChatGPT. The lawyer told the judge that he asked ChatGPT if these cases were legitimate, and the AI responded yes. But, it lied. These cases were manufactured to support the lawyer's desired outcome. The tool had no regard for truth or accuracy.

The Case Against Using AI in Estate Planning Because AI can occasionally make processes more efficient, some people believe that using it to create legal documents will simplify estate planning. However, it’s critical to know the risks when using AI software for this purpose.

Because estate planning laws differ from state to state, it's incredibly important that the right law be applied and adhered to. If the AI-generated information included inaccurate content or excluded details for your state, the legality of the document could be compromised and, even worse, it may not be enforceable. 

An AI tool won’t know your individual needs, so you will get a one-size-fits-all plan. However, you may need additional asset protection for your heirs and beneficiaries, including the creation of a trust. That "small detail" could help your beneficiaries avoid probate court and legal problems that could cost thousands of dollars. 

AI can't ask comprehensive questions to examine the entirety of your estate and the potential needs of your family. For example, you may have digital assets, such as frequent flyer miles or credit card points, that have value and need to be included as part of your estate. Or, maybe you have a small life insurance policy through your company that should be accounted for. What if you need a will or trust that can help protect a special needs child? AI tools don’t have the ability to assess all aspects of your life and your family’s future.

Even if all the AI-generated information is deemed legal, the terminology and language might not be clear

or accurate. If there is one mistake or problem with the way the document is written, or if there is unintended confusion or vagueness about particular terms, an heir or beneficiary can challenge the will in court.

Comprehensive estate planning starts with a one-on-one conversation between you and an attorney. It is often an emotional and multifaceted process, often involving delicate issues that AI can’t address. So, tread carefully before you rely on bots or AI to draft the legal documents you need to protect and preserve your family's future!

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