There are many new technologies that have brought on big changes, and artificial intelligence (“AI”) is one of them. In recent years, AI technologies like Chat GPT have come to the forefront. These technologies allow machines to do things that humans normally need to do.
For some people, the rise of AI seems to present an opportunity to simplify complex tasks — like making a will or other estate planning documents. If you are tempted to use an AI program to help you to create your estate plan, think twice.
AI may not be accurate or correct.
An article on The Conversation revealed that AI programs made huge errors when it came to the law, including making up legal cases. The incident arose in 2023 in a case called Mata v Avianca. A lawyer referenced a New York case in his filings, but the case cited did not actually exist. AI made it up entirely. The lawyer did not confirm that the information from AI was accurate, which caused a lot of problems.
This example shows that even legal professionals can have big problems as a result of AI making things up and failing to follow actual laws. For a layperson without legal knowledge or training, even more dire consequences could result. If you use AI to secure your legacy, you have no way of knowing that the documents may not accomplish your goals.
Additionally, AI may not address state-specific laws, which could invalidate your documents.
Unfortunately, problems with estate planning instruments are not usually discovered until it is too late. Most of the time, issues are not discovered until after you have passed away or become incapacitated. At that point, it will be too late for you to create valid documents to provide for your loved ones and secure your legacy.
You don’t want this to happen to you. It could put your family in a difficult position and destroy the future that you want for your loved ones.
AI doesn’t have a full understanding of your goals for your legacy.
Estate planning requires a human touch because AI does not know you or your goals. Think about what you want to leave behind, how to best protect your assets, and what the unique needs of your heirs are. For example, while AI might be able to make a last will and testament for you, it may not be able to advise you that a will actually isn’t the best tool in your particular situation and that you need to use a trust instead.
AI tools also may not be able to tell you what you are leaving out when it comes to estate planning, or when your goals are not comprehensive enough. For example, if you are planning to leave assets to a loved one with special needs, you could jeopardize their access to benefits unless you use the right tools to distribute property to them. Or you may not know that you should make a plan in case you need nursing home care so you don’t have to spend all of your assets on it due to the fact that Medicare doesn’t cover custodial care.
Working with a skilled and experienced attorney is the only way to protect your estate and legacy.
At our Firm, we want to know you and your goals. Our advice is customized to you. When you are ready to make an estate plan that gives you control over your future and allows you to provide the legacy for your loved ones that they deserve, contact us at 281-759-3213.
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