Artificial intelligence is becoming more and more prevalent in every aspect of our lives. From an estate planning perspective, this raises a logical question: Can AI tools accurately create a legally binding will? Let’s look at this matter, and there are multiple facets to consider.
Even AI Knows Where to Draw the Line
While writing this, I asked a very popular AI tool created by one of the biggest companies in the world if it can create a legally binding will. You may be surprised to hear that it said no, it cannot create a will that can be trusted to hold up in court in light of the gravity of the situation.
So the short answer is no, AI cannot create a will that you can rely on in the big picture. However, it can help you formulate your thoughts and give you some ideas about how a legally binding will should be constructed.
DIY Estate Planning Documents
Aside from artificial intelligence, there are platforms that offer boilerplate legal documents, including wills. You could potentially use one of these generic templates to create a will. In fairness, it could actually hold up as long as all of the instructions were followed properly.
At the same time, would you use a cheap DIY contract that was not reviewed by a licensed attorney to sell or purchase a home? This would be a pretty high-stakes game of craps you’re playing if you roll the dice on a $700,000 deal.
When you plan your estate, you are arranging for the transfer of everything you have accumulated to the people you love the most. Is it wise to save a few dollars in the near-term while risking your legacy in the bigger picture?
Asset Transfer Options
Aside from the risks associated with a do-it-yourself simple will, there is an even more compelling angle to look at. A will is not the only asset transfer method available when you’re planning your estate.
You may be surprised to hear that a so-called “simple” will is not that simple from an estate administration perspective.
Time, Money, and Privacy
If you use a will to express your wishes regarding asset transfers, you name an executor in the document. This person or professional fiduciary would step in to administer the estate after your passing.
You may envision a simple process where the executor quickly and efficiently wraps up the estate. In reality, things don’t work that way in New York (or anywhere else for that matter.)
A will must be admitted to probate, and in our state, the Surrogate’s Court would provide supervision. No inheritances are distributed while the estate is being probated, and it will take close to a year in a best-case scenario.
Secondly, probate expenses include the executor’s remuneration, court costs, legal fees, accounting charges, property appraisals, liquidations, etc. These costs will shave down the value of the estate, so the inheritances will be reduced.
Lastly, probate records are available to interested parties that go through the proper channels. As a result, there is a loss of privacy, and the information can lead to disputes and hard feelings.
Simple Will Alternatives
If you work with an estate planning attorney, you can explore all your options so you can make informed decisions. To avoid all of the probate drawbacks that we looked at above, you can make one simple move: use a revocable living trust instead of a simple will.
Contrary to a widely held myth about trusts, there is no loss of control. When you are the grantor of this type of trust, you will also be the trustee while you are living. You will maintain complete access to the assets you transferred to the trust every step of the way.
There is total flexibility beyond the power to revoke or dissolve the trust. If you want to change the terms, remove property from the trust, or transfer assets to the trust after it is created, you are free to do so.
When you create the trust, you name a successor trustee to act as the administrator after you are gone. This successor would distribute the assets to the beneficiaries according to your wishes. Probate would not be a factor, and there are other benefits we will look at in an upcoming post.
Medicaid Asset Protection Trust
Another type of trust that can be very useful is the Medicaid asset protection trust. When you hear the name, you may wonder why you would ever care about Medicaid if you will qualify for Medicare.
That makes sense, but the hard truth is that Medicare does not pay for a stay in a nursing home. It won’t cover in-home custodial care either, and nursing homes and professional caregivers are very expensive.
Medicaid will cover custodial care, and this is why it should be on your radar. Of course, you can’t qualify unless you have very limited resources. Assets that have been transferred to a Medicaid trust do not count as long as you fund the trust at least five years before applying.
Key Takeaway
This is a very brief overview, but as you can see, a little bit of information can save your family a lot of money in the long run. When you rely on sketchy tools to take care of important responsibilities, there can be a hefty price to pay.
We Are Here to Help!
There are expenses, and there are investments that actually yield dividends. When you work with our firm to plan your estate, you put out a little bit of money in the short term, but the benefits can significantly outweigh the initial outlay.
We provide personalized attention, so your plan will be carefully tailored to suit your specific needs. If and when things change over the years, we will be just a phone call away to revise your existing plan to adapt to the current situation.
Now is the time for action if you are unprepared, and you can set the wheels in motion by calling our Staten Island, NY estate planning office at 332-456-0500. If you would rather send us a message, fill out our contact form and we will get back in touch with you promptly.
- Estate Administration: Where Do I Begin? - September 1, 2026
- Don’t Overlook These Important Estate Plan Details - August 15, 2026
- Elder Law Answers: Is Long-Term Care Insurance a Good Idea? - August 1, 2026
