Should You Trust AI to Create Your Washington State Estate Plan?

More and more, people in Seattle are turning to AI to experiment with what it can do and what it can’t. Like science experiments, the results, particularly in terms of reliability, can vary. But that’s just the tip of the iceberg. The lack of reliability, among other issues discussed in more detail below, can be problematic for those specifically turning to AI models for help with estate planning. Tempting as it may be, here’s why you should think twice before handing over the responsibility of protecting you and your family in sickness and death to a system whose capabilities, positive and negative, are still largely unknown.  

Reliability

AI’s knowledge, though growing every day due to input, remains limited despite its ability to learn. That’s not good enough when you’re looking for reliable output. AI models, as they stand today, cannot guarantee reliability and have even been known to hallucinate. In other words, they’ve been known to take the liberty of connecting the dots using fabricated “facts” they create, presenting them with authority as if they’re accurate when they’re not. 

In a recent study by EncorEstate Plans, researchers specifically tested AI’s reliability in creating estate planning tools. Turning to the most frequently used models, researchers tested ChatGPT, Claude, Perplexity, and Google AI Mode, asking each one 46 common estate planning questions. 

The results were unsurprising. Claude ranked highest, with 69% of its answers earning a score of A or B, followed by Perplexity, which had 63% of its answers earning an A or B. ChatGPT scored much lower, with nearly half of its answers rated D or F. Google AI Mode performed the worst, failing 61% of the time and quitting after only 19 questions.

Bottom line: Even the most reliable AI models aren’t reliable and, at a minimum, require the supervision of trusted estate planning legal professionals. Meaning, using them for estate planning or other legal work is not the money or time-saving mechanism it appears to be. 

Privacy

Many questions remain unanswered regarding privacy protections, specifically, who can see and potentially use the information you feed AI. When considering sensitive information, such as what would be included in an estate plan, privacy should be a primary concern. 

Though there are settings on some AI models to control whether the platform will be allowed to learn from what you tell it and use it in output elsewhere, because of the lack of clarity around AI’s capabilities and its newness, freely communicating highly sensitive information without knowing how it’s being used seems like an unnecessary yet dangerous risk to take. Due to the laws of privacy and confidentiality to which all lawyers, including Washington estate planning lawyers, are bound, a much safer option would be to speak with a Seattle estate planning lawyer for all of your estate planning needs.    

Unique Family Circumstances for Seattle Residents

While creating an estate plan can appear simple and estate planning documents standard, that assumption is far from the case. Every estate plan is unique because an experienced estate planning lawyer has taken the time to understand each family’s circumstances and the estate plan owner’s wishes. Like the people they reflect, no two are ever the same. If your estate plan resembles your best friend’s or your neighbor’s, that should be a red flag. 

Because AI is not an estate planning lawyer or a human, someone relying on it to create their estate plan risks AI missing pertinent details they neglect to tell it. Moreover, since AI is unfamiliar with the nuances of estate planning, which come not only from knowing estate planning laws but also from experience dealing with humans, relying on AI to ask the right questions to elicit a complete and accurate picture of your estate planning needs can, therefore, be risky. 

Complex Washington State and Federal Estate Planning Laws

Washington state estate planning laws can be complicated, even for the seemingly most straightforward estate plans. Federal estate planning laws must be considered, along with other relevant state laws, when creating the various components of an estate plan, typically five documents, but more could be needed if trusts are involved. The more complicated the estate plan, the more likely AI is to miss subtleties in laws and their interactions. 

An estate planning lawyer licensed in the state of Washington, on the other hand, will have the knowledge needed to create a legally sound estate plan that families like yours can rely on. In the event of a challenge to the estate plan later during incapacity or after death, it’s unclear what bearing an AI-created estate plan would have. Not to mention, since the whole idea of an estate plan is to create peace of mind for its owner and loved ones, having an untrustworthy AI immediately defeats that purpose.  

Find a Seattle Estate Planning Lawyer for Personalized, Human Guidance on Your Estate Plan

There’s no denying that AI is here to stay and will become more ingrained in all of our futures. AI has its place, but beyond making simple inquiries for general oversight, its use in creating legal documents should be considered suspect at a minimum and a cause for concern at most. 

At Elise Buie Family Law, our team of Washington state estate planning attorneys has vast experience creating estate plans you can trust and handling complex estate planning matters, including probate, as they arise. Whether you’re starting an estate plan from scratch or want to update an existing one because it is more than three years old or because there’s been a life passage in your family (e.g., birth of a child or grandchild, death, illness, divorce, remarriage, etc.) affecting your wishes, we are here to support you. Contact us today or schedule a convenient time to speak.