AI and Estate Planning

Why You Shouldn’t Trust A.I. to Write Estate Planning Documents

With the increased coverage of artificial intelligence (AI) and all of the applications it can have in our everyday lives, some people may wonder whether an AI program can create an estate plan for them. While AI may be able to generate basic estate planning documents, including wills and trusts, there is no guarantee that they will be valid and enforceable. Providing accurate information and executing the documents in compliance with your state’s laws is critical. Otherwise, your documents will not work as intended.

Some state laws are complex and hard to understand, and you may not know enough specifics to offer the correct information about your situation or verify that AI has properly generated or created your will or trust. Additionally, your final documents may contain wording, formatting, and grammatical errors that make them unenforceable. The AI program does not understand your situation and will not help you solve a complex legal issue unless you can provide additional information. Even then, you should be cautious and ask yourself the following questions:

  • How well do I understand my options for protecting my money, property, family, or business if I have a medical emergency and after death?
  • Do I have a complex financial situation with large amounts of property, income, or debt?
  • Is my family structure complicated (family dynamics leading to questions about property or disinheritance)?
  • Am I undecided about my wishes (how to divide my money and property or what to include in an advance directive)?

If you do not understand which estate planning strategies should be implemented to address your unique situation, how can you ensure that the AI program is creating the appropriate documents for your needs? Legal professionals have the necessary expertise and training to ensure that your concerns are addressed and can implement an adequate estate plan so that your wishes can be legally carried out.

Errors That Make Online Documents Unenforceable:

Estate planning attorneys help you avoid the following common mistakes in online documents that could make them unenforceable, require a court to interpret them, or lead to fighting among your loved ones:

  • Ambiguity in wording: Ambiguity can lead to disputes and legal battles among potential heirs. Example: a will stating “I leave my property to my children” without specifying which children by name.
  • Inconsistent terminology: Using different terms to refer to the same asset (e.g., house, residence, property) may create confusion about what is being inherited.
  • Lack of clarity in distribution: Vague instructions regarding who will receive your accounts and property or how they will receive them, such as “divide my estate fairly among my children,” may cause disputes if there is no clear definition of terms like fairly.
  • Failure to address contingencies: Not accounting for contingencies, such as what to do if a beneficiary predeceases you, can leave money and property without designated recipients, subjecting it to your state law.
  • Conflicting instructions: Providing contradictory instructions within a single document or across several documents leads to uncertainty about your intentions.

There are many considerations and potential scenarios that should be included in your estate plan. Online legal programs cannot adequately address unique situations or additional estate planning details, exposing you to unnecessary risks.

If you wish to use artificial intelligence estate planning programs, they can be used as a basic outline to begin the process. Take this information to an estate planning attorney to review and address the many situations you may not have considered regarding your unique family dynamics and financial circumstances. If you would like help creating a legally enforceable estate plan, contact us to create a customized estate plan.

This article is provided for informational purposes only. By viewing blog posts, the reader understands there is no attorney-client relationship between the reader and Kierman Law, PLC. The article should not be used as a substitute for legal advice or engagement with a licensed professional attorney. Readers are urged to reach out to us directly regarding specific legal questions concerning a specific situation.