How Artificial Intelligence Affects Estate Planning in 2026

Transcript

I’m Natalie Perry, ACTEC Fellow from Chicago, Illinois.

Artificial intelligence is evolving rapidly, and both the public and estate planning professionals are adopting new tools at an unprecedented pace. Because this technology is changing so quickly, we’re updating last year’s video, Use of Artificial Intelligence (AI) in Creating an Estate Plan, to reflect what families should understand today.

I’m joined by Professor Gerry Beyer, an ACTEC Fellow from Lubbock, Texas. Welcome back, Gerry.

Professor Gerry Beyer: Natalie, it’s good to be back.

Natalie Perry: It’s always good to have you here, Gerry. I’m going to start with some questions, and we’ll just see where our conversation goes about AI and the new things that you have to tell us.

Key AI Developments Since Our Last Update

So let’s start with: What are the key developments since we last discussed the use of AI in estate planning?

Professor Gerry Beyer: Well, first of all, Natalie, the number of attorneys using some type of AI in their estate planning work has increased, leading to significant time and cost savings that can be passed on to their clients. That’s great news. However, there are still too many attorneys using AI results—especially with legal research—without confirming the results, and hundreds of attorneys and judges have been caught citing completely fabricated cases, citations, and even basic rules of law. You may have read about this on the internet or in the newspaper, where fines have exceeded even $30,000 and perhaps even disbarment.

Why AI Results Must Always Be Verified

Now it’s true that the accuracy of AI is improving, but you still need to always check. This is not just for attorneys, but for you as well. I mean, assume the AI becomes 99% effective. It would still be like me offering you a plate of 100 cookies with one being laced with cyanide. Would you eat any of those cookies without having it tested first? And of course, the answer is no.

Now AI is also evolving into more than merely generating replies and drafting and summarizing documents. The more advanced AI—called “Agentic AI” —will now handle tasks without human interaction, which vendors claim can enhance the attorney’s productivity, saving money and making the attorney’s practice more effective, which of course is really great for you as a client.

But frankly, these systems have a greater chance of running amuck and leading to unpredictable results and increased risk, sort of like those scary Hollywood creations like Terminator’s Skynet and Mission Impossible‘s the Entity.

Client Consent and Attorney Obligations When Using AI

Natalie Perry: All right, so given that it’s likely that your attorney will be using AI, how should we or you—you know, a person interested in estate planning deal with this?

Professor Gerry Beyer: Well, the American Bar Association and many local bar associations require that the attorney tell the clients that they are going to use AI, and then they must get your informed consent. Not some fine print in the employment contract. It means they need to tell you that they’re going to use AI and how they’re going to use it and get your consent. And I recommend that attorneys have you separately sign a provision in the employment contract giving your consent so there’s no argument later.

Data Security, Privacy, and Client Choice

Natalie Perry: So you said, “So there’s no argument later.” Can you tell us what you mean by that?

Professor Gerry Beyer: Sure, Natalie. Like any computer system, AI systems can be hacked, which could cause your confidential information to be disclosed. If the attorney didn’t get your consent, you could have a claim against the attorney. However, if you consented and the attorney took reasonable steps to protect your data by using reliable vendors with good cybersecurity, you probably would have difficulty recovering against the attorney because the attorney didn’t do anything wrong.

But remember, if you don’t want your attorney using AI because of the risk, you do not need to consent.

How Estate Planning Attorneys May Use AI in Practice

Natalie Perry: Now I know you said estate planning attorneys may use AI to help with research and drafting documents. How else might you see them use AI when you’re working with an estate planning attorney?

Professor Gerry Beyer: Natalie, there are several other ways AI might interface with your experience. For example, the use of AI could start very early with the collection of information. Rather than using a standard questionnaire, it could be conducted by an AI chatbot, which would be able to customize questions to your previous responses. So it would only ask about a spouse if you had one. It would only ask about children and grandchildren if you had them.

The attorney may also create a customized AI chatbot to answer your estate planning questions. Instead of your using generic AIs like ChatGPT or Copilot, the attorney can have the AI trained on information that the attorney has vetted. This is known as Retrieval-Augmented Generation, or RAG, and can increase the accuracy of the answers.

Another helpful use of AI is to conduct predictive analysis. This is especially important if you are trying to reduce taxes or maximize investments. Instead of only being able to review a few options, the AI can generate a much greater number of strategies, allowing you to make a more informed decision.

Will AI Reduce the Cost of an Estate Plan?

Natalie Perry: Another question came to mind: How will the attorney’s use of AI impact how much I will pay for an estate plan?

Professor Gerry Beyer: The attorney’s use of AI should really reduce your bill. Now, although the attorney cannot charge for the time saved by using an AI and only can charge for the time spent using it and reviewing the results, it will definitely reduce your cost.

Now, of course, the attorneys have to pay a significant cost with their professional AIs, but those fees will be incorporated into the fee they charge you, whether it is by the hour or a flat fee, just like all other office expenses.

Tips When Using AI for Trust and Estate Research

Natalie Perry: Let’s close with any tips you might have for people doing estate planning research using AI kind of on their own before they get to the attorney.

Professor Gerry Beyer: Well, Natalie, I know that many of our listeners are going to be tempted to use AIs to answer estate planning questions and maybe even draft documents because of the low cost and convenience. But doing so is very short-sighted. You may get misinformation or documents, even if they’re valid, that do not really carry out your intent, and that risk just isn’t worth it. So you should consult with an attorney with estate planning expertise to be sure you get accurate answers and that your estate planning needs are carried out.

Nonetheless, the AIs can be very helpful to you in learning about aspects of estate planning, all the different types of documents you might need, the possible use of non-probate techniques. But as you do your research, you must always remember that although AI stands for “artificial intelligence,” AI has no intelligence. The replies are generated by using sophisticated statistics and probability, which is really just a nice way of saying they’re guessing. And as I’ve emphasized before, verify all responses.

Now there are some steps that you can take to increase the odds of getting better responses when you use any AI.

Be specific and include details in your prompt. But of course, remember that the AI will remember whatever you tell it, so don’t include any confidential information. Avoid ambiguity; use clear language. You don’t want the AI thinking a word with multiple meanings has a meaning you do not intend. And then don’t ask questions that can be answered “yes” or “no.” Make the AI explain and ask the AI for citations and references so you can do some verification yourself. And provide context to explain what you’re doing. “I’m getting ready to talk with an attorney about planning my estate. What are some key things I should think about first?” Or “I have a question about this.” And then as the final part of the prompt, ask the AI, “Is there any other information you would like?” And after you get an answer, I found some good results if you just say to the AI, “Hey, think a little harder and answer again.”

Natalie Perry: Thank you, Gerry. You raised some really excellent points, especially about the prompting of the AI, which is really a significant part of getting decent results, as you’re explaining. For more reliable information about AI and other important estate planning topics, visit actec.org/estate-planning, where you’ll find clear, trustworthy guidance to help you make informed decisions for you and your family.