May 13

ChatGPT last will and Testament

Cortes Law Firm Oklahoma City Estate Planning Attorney

Can ChatGPT write a last will and testament.

ChatGPT is all over the news right now.

ChatGPT is artificial intelligence generative pre-trained transformer three GPT. It's a language processing artificial intelligence model developed by open A.I. Yes, this is a third version and it's only getting smarter with each version. It can create human like text essays, songs, poems, novels, and even a last will and testament.

All the news stories talk about all the jobs that will be lost due to artificial intelligence. A new job is being created called prompt creator. Anyone can tell ChatGPT to write a love poem. However, the better your prompts are, the better the output is going to be. This is very important. After experimenting with ChatGPT for over a month, I have found this to be absolutely true.

So who wins between ChatGPT generated last will and testament and an attorney drafted last will and testament? Well, that's up to you. The more good you put into it, the more good you're going to get out of it. But if you don't know what you're doing, then you're going to get out garbage. That output is not going to be what you want.

You probably won't get a last will and testament that is going to do what you wanted it to do. And you may not get one that's going to hold up in a court of law. This is a last will and testament that I created for a sample, pretend client called Tommy Sample and it is over 24 pages long compared to the one page last will and testament that was generated by chat.

Now I can't criticize that. I have seen some very, very well written last will and testaments. They were only one page long and did exactly what the deceased person wanted to happen and we were actually able to easily probate their estate because they did put very specific language for a very specific situation.

And it worked. But I'm going to tell you that maybe 95 to 90% of the time, it's not going to work. But in this last will and testament that I did for Tommy Sample, just some of the things that were not included in the ChatGPT version are things like a remote beneficiary. If for whatever reason, all of the heirs are gone and there's nobody to give the estate to then who ultimately receives everything.

Think of it as a plane going down with the entire family who gets your estate if everybody dies with you. Chat.

It did include an executor because I told it to, but one of the things that I forgot to include was a guardian for the minor children. We did talk about the fact that there were three children, and I did not put in there who Enrique wanted to be the guardian for his three minor children.

The three children were minors. But we did not talk about who their guardian is to take care of them on a day to day basis. That was missing. And again, it was an input that I did not put in. So I can't completely blame ChatGPT for that.

But it's something that would have been on our checklist when we're creating this, whether or not we needed to have a guardian for the minor children. ChatGPT’s did not include general administrative provisions .

There wasn't really anything about whether there is a bond would be required on the part of the executor. Nothing about employment provisions for professionals in administering the estate.

Nothing for distributions to people who are incapacitated. Not just because they're under the age of 18. But what if they are incapacitated because they were in a car accident? Maybe they're receiving Social Security, SSI benefits or some other type of government type benefit and inheritance might ruin or even mess up their government benefits. So that has to be planned for very carefully.

Also didn't talk about specifically the powers that are generally needed for an executor. Like investment powers, banking powers, contract powers, farm ranch and agricultural powers, litigation and settlement powers. What if they were in an accident and now the estate needs to sue? We specifically list 22 to 30 different powers in our last will and testament that an executor needs.

Bottom line is there is a lot in the last will and testament drafted by an attorney that is not in the ChatGPT last will and testament. But again, it all depends on the inputs. If you're going to spend your time getting all the inputs into that ChatGPT correctly, then you might come out with a pretty good last will and testament completely generated by artificial intelligence.

What do I think? is ChatGPT going to displace or get rid of attorney jobs? I don't know.

It may do that for a lot of jobs, but like I said earlier, this version of ChatGPT is already on the third version and each version is getting better and better, but it still depends on what the inputs are.

I can't stress that enough that if you don't know what to ask ChatGPT to do, then it's not going to know what to do. Maybe instead of replacing attorneys, it is going to redefine the job of an attorney in how well an attorney can define the inputs to put into ChatGPT instead of an attorney taking 2 to 3 days to draft a last will and testament.

Maybe technology like this will enable them to create a last will and testament ready for a client's signature within an hour. At their very first meeting.

I absolutely love technology and seen what it can do to make our lives better. Sometimes it does. Sometimes it doesn't. Right now, I'm extremely hesitant to recommend that people use online services or copy a last will and testament from a friend and trying to make it their own.

That's just my general advice. When we see people go online, they don't know what kind of clauses they need to have in their last will and testament for their specific situation. People do not correctly disinherit children and other relatives in their document. They do not sign it correctly. They don't know what their state law is. They do not have correct self-proving clauses for themselves and for the witnesses.

 That alone may get a last will and testament kicked out. For all of these reasons, I think they also apply to chatGPT. If you don't know what to ask for, it's not going to give you a good document. It's not going to give you a good last will. As always this video is for educational purposes only.


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