Should You Trust AI With Your Estate Plan? Pros, Cons, and Cautions

I met with a family a while back who explained that they had generated a “Trust” on various AI platforms – they were currently at revision 13 or 14 – and AI recommended they have it reviewed by an attorney. I explained that the time and expense involved in thoroughly reviewing his document, correcting any errors, and recommending improvements would likely exceed the cost of simply preparing a valid, legally enforceable trust from the beginning.  Additionally, they had some questions about the process, terminology, and funding, which I was happy to answer but wouldn’t know for certain because I didn’t prepare their documents.

Despite this, the family chose to proceed with an AI-generated document. This is unfortunate for the multitude of issues that could arise. The top few I have explained below.

 

What could go wrong?

AI draws information from all over the world, which is fantastic if you are looking for information or want to create something new. Estate planning is a very narrow field of law practice and is state-specific; what constitutes a valid will, power of attorney, or trust can be different in each state. Also, the law that applies to the terms of an estate planning document will be different in every state. What if your AI tool adds clauses that sound good but are unenforceable in your area? What if you unknowingly omit a crucial piece of information? What if the verification of the authenticity of the document is not a type that is recognized in your jurisdiction? 

I could go on because the list is endless.

 

Once the paperwork is completed and signed, what’s next?

A common mistake is putting your newly signed paperwork away and never reviewing it again. Trusts often fail simply because they are not properly funded, meaning that assets are never actually transferred into the trust. A good estate plan will include instructions on how to add assets to your plan and guidance throughout the process. AI may not ask you if you’ve completed the steps, but a responsible estate planning attorney will actively help to complete the funding to ensure your plan works as intended.

 

Some of the biggest questions in the funding process are these:

• Which assets should be added to the estate plan upon creation?
• Which assets are better added at death?
• Are there some assets that should not be added to a trust?
• How do you add assets to their trust?
• What is the way to take title to assets in the name of the trust?

Most of the answers to these questions are specific to many factors, including your jurisdiction, the type of estate plan, and the type of asset. A good estate planning team is going to go through each of these issues with you to ensure the entire plan is not disrupted for failing to fund it properly. AI may have the answers, but how will you know if they are valid FOR YOU and your specific set of circumstances?

 

Is an AI Trust Ethical?

I recognize the usefulness of AI and certainly don’t discourage its use. But we must be careful to recognize its limitations. AI has no ethical compass; its job is to give you what you want. Stated differently, AI wants to make you happy. This sometimes leads to “hallucinations,” where it generates what you asked for even though what you asked for doesn’t exist. In the context of the law, it happens like this: an attorney asks AI to generate a legal brief on a particular topic. The brief sounds great and even contains citations to case law relevant to the region where the lawyer works. When the lawyer submits the brief to the court, however, they find out the cases cited in the brief don’t exist. AI created a perfect replica of what the case citation should look like; it just does not lead to a real case. This has happened countless times to legal practitioners all over the world, often being discovered by judges and leading to severe consequences. 

 

It’s not AI’s fault; it was just doing what it was asked to do.

 

That is just one example, but translated into estate planning, it is a potential minefield.

 

Did my AI-generated “Trust” work?

This is, for me, the worst part. The person who generated the AI estate plan may never know that it didn’t work. It will be his loved ones who will suffer the consequences of any irregularities (or worse) that result from an improperly prepared estate plan.

 

Ultimately, having an estate planning professional prepare your plan is worth every penny. While the prospect of using do-it-yourself solutions or AI document generators may seem cost-effective upfront, the reality is that the long-term savings and security provided by an attorney-drafted estate plan far outweigh any initial expense. When compared to the costs, delays, and stress involved in a full probate proceeding, the investment in a custom legal plan is often much more affordable over time. Probate can drain estates through court fees, attorney’s fees, and lengthy administrative processes. All of these are costs that a properly designed will or trust, drafted by a knowledgeable professional, is specifically intended to minimize or avoid altogether.

The value of working with a qualified estate planning counselor and attorney goes far beyond just dollars and cents. An attorney will take the time to listen to your particular wishes, identify risks and nuances unique to your family and assets, and ensure every document is tailored to meet both your goals and Missouri’s legal requirements. This personalized approach also allows for proactive planning around situations that automated tools simply can’t anticipate, such as complex family dynamics, minor or special-needs beneficiaries, business succession, or the ever-evolving landscape of federal and state tax laws.

Most importantly, a professionally prepared estate plan delivers the one thing technology cannot: true peace of mind. With an attorney’s guidance, you can feel confident that your assets will be transitioned according to your wishes, your loved ones will be shielded from unnecessary conflict or expense, and your legacy will be preserved with clarity and care. No algorithm can replicate the assurance that comes from having your unique circumstances reviewed, your documents executed correctly, and your questions answered by an experienced professional. In estate planning, the “human touch” is more than a luxury, it’s the safeguard that allows you to move forward knowing your affairs will be handled exactly as you intend, even after you’re gone.

 

© Jennifer Kornblum Law, LLC 2026

Jennifer Kornblum is a seasoned attorney with over 30 years of experience in real estate law, estate planning, and business formation. Based in Springfield, Missouri since 2016, she is dedicated to offering personalized, client-focused legal services.