What Can We Learn From AI? Why It’s No Substitute for an Estate Planning Attorney in Florida

Artificial Intelligence (AI) is everywhere these days! And yes, it’s even starting to show up in the legal field. For people facing legal issues, AI might seem like a cheaper, faster alternative to hiring an attorney. But when it comes to something as personal and complex as estate planning, relying solely on AI can be risky.

Can everyday people use AI for estate planning?

That’s like filling your own cavity. Can you do it? Yes. Should you do it? How much do you like your teeth?

Estate planning involves preparing for the management of your assets in the event of death or incapacitation. The process involves drafting several legal documents and having difficult conversations about family relations and finances. AI often glosses over questions like:

• Who should get your assets, and who shouldn’t?
  
• Who do you trust with your finances, and who do you not?
  
• Who should make your medical decisions for you if you can’t?
  

There’s also the issue of Florida-specific laws. AI often excludes key legal information like:

• Florida’s homestead exemption (very tricky and nuanced)
  
• Spousal elective share rights
  
• Florida’s unique lady bird (enhanced life estate) options
  
• The formalities required to execute a will in the Sunshine State
  

Even worse, sometimes AI “hallucinates” law, making up cases or statutes that do not exist.

While drafting documents can feel like “estate planning,” more goes into probate protection than simply drafting a trust. Property funding of the trust (or an LLC) requires knowledge in real estate and business law. The documents are a good start, but they’re not the entire shebang.

Finally, everyone is different. It would be very hard for an everyday person (even with the help of AI) to know the best estate plan. Unfortunately, estate planning is not a cookie cutter approach. It is customized to the unique client’s family dynamics and needs.

In short: estate planning isn’t one-size-fits-all and requires the help of an experienced attorney who can assist you in realizing your personal and financial goals.

Are attorneys using AI?

Yes, but in a responsible and regulated way.

With major platforms like Westlaw and Lexis rolling out advanced AI features, many attorneys are taking advantage of these tools to streamline research and case management.

But this doesn’t mean attorneys are handing off their responsibilities to robots! The Florida Bar, an organization responsible for regulating the practice of law in Florida, issued an advisory opinion counseling attorneys to use AI responsibly.

Essentially, attorneys are still on the hook to ensure their use of AI complies with the Rules of Professional Conduct, or they risk disciplinary action. Sadly, several attorneys have already been reprimanded for using AI in court and not fact checking (yikes!)

How can AI actually help?

While you should not rely on AI to create your estate plan, it can be a helpful starting point.

Think of it like a primer: AI can help you understand what estate planning is, why it matters, and what documents you might need. But once you’ve got the basics down, your next step should be to reach out to an experienced estate planning attorney.

Attempting to DIY your estate plan with AI might save you a little money now, but if your plan does not adhere to Florida law, it could cost your loved ones a lot more down the road in probate fees or legal disputes.

AI is an amazing resource, but it’s just that: a good tool to use responsibly. When it comes to planning for your future, there’s no substitute for an experienced estate planning attorney.