Artificial intelligence is here to stay. People are using AI to answer legal questions, draft documents, and even create wills and trusts.
As an estate planning attorney, I think AI can be a useful tool. In fact, our firm uses AI in certain aspects of our practice. However, there is a big difference between using AI as a tool and relying on AI to create an estate plan without professional guidance.
AI Can Make Mistakes
AI is designed to provide answers, even when it is not completely certain. It is also designed to “tell users what they want to hear” so that they keep coming back.
Sometimes AI gets things wrong. It can oversimplify complex legal concepts or confidently provide information that is outdated or completely inaccurate.
This can be especially dangerous in estate planning because errors may not be discovered until after someone has passed away and it is too late to fix the problem. Errors in estate planning can cost families tens of thousands of dollars in taxes and legal costs.
Estate Planning Is Highly State-Specific
Many AI programs are trained on information from all over the country. The problem is that estate planning laws vary significantly from state to state.
A trust provision that works well in California may make little sense in Montana. AI may provide a general answer that sounds reasonable but fails to account for Montana-specific laws and procedures.
The Right Answer Depends on Your Family
Estate planning is rarely about filling in blanks on a form.
Should assets be distributed outright or held in trust? Who should serve as successor trustee? How should ranch land, family businesses, or mineral interests be handled?
These are highly personal decisions that require human judgment, experience, and an understanding of your family’s goals. AI can provide information, but it cannot replace an in-depth conversation about your unique circumstances.
AI Is a Great Starting Point
AI can be an excellent tool for learning about estate planning concepts, generating questions to discuss with your attorney, and helping you become a more informed consumer of legal services. Just like you might Google your symptoms to learn more, you ultimately should consult a doctor to get the proper treatment.
The Bottom Line
AI will continue to become more useful and sophisticated. It is a valuable tool, but it is not a substitute for legal advice tailored to your family, assets, and goals. The cost of getting it wrong can be far greater than the cost of getting it done correctly the first time.
