Why You Shouldn’t use AI for Legal Advice or Legal Documents

October 18, 2025
Rockland Estate Planning

In today’s digital world, it’s easier than ever to turn to artificial intelligence (AI) tools and chatbots like ChatGPT or online legal document generators when you need legal help. From online will templates to AI-generated trusts, these tools promise fast, low-cost solutions for your estate planning needs.

But here’s the truth: relying on AI for legal advice or estate planning can be a serious mistake.

While AI might be helpful for general information, it is not a substitute for a real estate planning attorney. Here’s why.

1. AI Can Give You Incorrect—or Even Dangerous—Legal Advice

AI tools are trained on large amounts of text from the internet, but they don’t understand the law. They simply predict what words might come next in a sentence based on patterns—not legal knowledge or professional training.

That means they often produce answers that sound convincing—but are completely wrong or misleading.  There have been hundreds of legal cases involving sanctions for improperly relying on AI.

Example: Fake Legal Clauses in a Will

A man used AI to create his own will, asking a chatbot to include certain clauses about inheritance and guardianship for his children. Unfortunately, the AI included made-up legal terms that don’t exist under his state’s laws. The result? His will was partially invalidated during probate, leading to delays and court involvement his family could have avoided.

2. AI Often Misses Important State-Specific Laws

Estate planning laws vary significantly from state to state. What’s legal in California might not be valid in New York. AI tools don’t always know which state you’re in—or how to apply the correct law.

Some key examples:

  • Estate and Inheritance Tax: Many states don’t have inheritance or estate tax.  Not only does New York have an estate tax, but due to the ‘cliff’, this can be particularly burdensome for people only barely above the limit.

  • Marital Property Ownership: Some states have community property laws.  Some states have a special form of spousal property ownership called “Tenants by the Entirety”.  Other states have neither.

  • Spousal Elective Share: Many states have provisions to prevent impoverishment for disinherited spouses.  The rules can vary significantly from one state to another.

  • Validity and Formalities of Legal Documents: States differ on what makes a Will valid.  Some states allow handwritten Wills, some don’t.  Some states require notarization for a Power of Attorney, some states just require witnesses.

  • Healthcare Directives and Living Wills: Different states have different forms, requirements, and powers that can or can’t be included, or that may or may not need to be specifically initialed.

3. AI Can’t Personalize Your Estate Plan

One of the biggest myths about estate planning is that it’s one-size-fits-all. In reality, every family has different needs. An experienced estate planning attorney takes into account your family dynamics, assets, goals, and risks to create a plan that truly protects you.

AI can’t ask you follow-up questions. It won’t catch red flags like:

  • A second marriage with children from a first

  • Special needs beneficiaries

  • Complex assets like a business or rental property

  • Tax-saving opportunities

  • Guardianship concerns

Example: Children Accidentally Disinherited

A couple used AI to draft a pair of simple wills leaving “everything to each other and otherwise to their kids”. They didn’t realize that after the first person dies, all of the assets belong to the survivor, and will only go to the survivor’s children. An estate planning attorney would have caught this—AI did not.

4. AI Can Lead to Costly Legal Problems Later

Cutting corners on your estate plan might save money upfront, but it can cost your family thousands later. Poorly written or invalid documents often lead to:

  • Family disputes and litigation

  • Delays in probate court

  • Unintended disinheritance

  • Higher taxes or legal fees

🔍 Example: Unclear Distribution

A man used AI to create a Will that included a gift to his nieces and nephews: “$60,000 to Anne, Billie, Charlie, Danny, Eddie, and Frank”.  After he passed away, the nieces and nephews wanted $60,000 each, or $360,000 in total, while his children thought it should be $60,000 in total, or $10,000 each.

5. AI Is Not Confidential, Licensed, or Responsible

AI platforms aren’t law firms. They don’t owe you any duty of confidentiality or care, and they aren’t responsible if they get it wrong. An estate planning attorney, on the other hand, is bound by professional ethics, confidentiality, and the responsibility to protect your best interests.

Don’t Gamble with Your Family’s Future

Your estate plan is too important to leave in the hands of a chatbot.

When you work with a licensed estate planning attorney, you get:

  • Legal documents that are valid in your state

  • Personal advice based on your unique situation

  • Peace of mind that your family will be protected

The Bottom Line

AI is not a lawyer. It’s a helpful tool for researching general topics, but it shouldn’t be trusted to prepare your will, trust, or other legal documents. Even small mistakes in your estate plan can have huge consequences for your loved ones.

If you want to protect your assets, your family, and your legacy, talk to a real estate planning attorney—not a robot.

Need Help Creating a Will or Trust?

We’re here to guide you through every step of the estate planning process. Contact us today for a personalized consultation with a licensed attorney here in Rockland County, New York.  Schedule a consultation today.

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