AI Estate Planning Could Be a Costly Mistake for Michigan Families and Business Owners because estate planning is not just about creating documents that look official. It is about making sure those documents are valid, properly signed, coordinated with Michigan law, and tailored to your family, assets, business interests, tax concerns, and long-term wishes.
Artificial intelligence can be useful for many everyday tasks. It can help organize ideas, summarize basic information, or create a list of questions to ask an attorney. But using AI to draft your will, trust, durable power of attorney, patient advocate designation, or business succession documents without legal guidance can create expensive problems that may not be discovered until it is too late.
For many families, the true cost of a poorly drafted estate plan is not paid by the person who created it. It is paid by the surviving spouse, children, beneficiaries, business partners, or personal representative left trying to fix the problem after death or incapacity.
Why AI Estate Planning Is Risky
AI-generated estate planning documents may look polished. They may include legal-sounding language. They may even appear to cover basic topics such as beneficiaries, trustees, guardians, powers of attorney, and asset distribution.
The problem is that estate planning is highly state-specific. Michigan’s Estates and Protected Individuals Code, often called EPIC, governs many important estate planning and probate issues. A document that seems acceptable in one state may not satisfy the requirements or practical needs of a Michigan family.
For example, Michigan law generally requires a will to be in writing, signed by the testator, and signed by at least two witnesses within a reasonable time after the testator signs or acknowledges the will. Michigan also recognizes holographic wills in certain situations, meaning a handwritten will may be valid if it is dated, signed, and the material portions are in the testator’s handwriting. But relying on that exception can increase the risk of confusion, probate disputes, and litigation if the document is unclear or challenged.
AI may provide general information, but it is not jurisdictionally accountable. It may not apply Michigan law correctly to your specific facts. It cannot ensure that your documents are executed properly. It cannot confirm that your trust is funded. It cannot make sure your beneficiary designations, real estate, business interests, and estate planning documents all work together.
In legal matters, a document can be beautifully formatted and still fail when it matters most.
Most Estate Planning Problems Are Discovered Too Late
One of the biggest dangers with AI-drafted estate plans is timing. A person may create the documents, save them in a folder, and assume everything is handled.
But who is going to know if the language is ambiguous? Who will confirm whether the signing was done correctly? Who will check whether the trust was funded? Who will make sure the beneficiary designations match the estate plan? Who will verify that business interests, real estate, and family assets are coordinated?
Often, these issues are not discovered until after someone has passed away or become incapacitated. By then, the family may have no easy way to correct the mistake.
That can lead to probate disputes, delayed distributions, additional attorney fees, tax problems, confusion over who has authority, and unnecessary stress during an already difficult time. Michigan probate courts are county-based, and the timing, filing requirements, and practical delays can vary depending on the county, the complexity of the estate, and whether family members disagree.
A good estate plan is designed to reduce uncertainty before a crisis happens.
Estate Planning Is Not Just a Will
Many people think estate planning means “getting a will.” A will is important, but it is only one piece of a complete plan.
A thoughtful Michigan estate plan may include:
- A last will and testament
- A revocable living trust
- A durable power of attorney for financial matters
- A patient advocate designation for healthcare decisions
- Real estate transfer planning
- Beneficiary designation review
- Business succession planning
- Trust funding assistance
- Planning for minor children, disabled beneficiaries, or blended families
- Charitable giving provisions
- Tax and asset protection coordination
The terminology matters. In Michigan, a durable power of attorney is commonly used for financial decision-making. Healthcare decision-making is typically addressed through a patient advocate designation, which allows someone to make care, custody, medical treatment, and related decisions when the person cannot make those decisions personally.
AI may be able to produce a document labeled “will” or “trust,” but it cannot fully understand the people, assets, relationships, risks, and goals behind the plan.
What Happens If There Is No Valid Estate Plan in Michigan?
If a person dies without a valid will or trust plan, Michigan intestacy laws may determine who receives the estate. That may not match what the person actually wanted.
For example, the surviving spouse may receive all or part of the estate depending on whether the deceased person had descendants, whether those descendants are also descendants of the surviving spouse, and whether parents or other relatives are involved. In blended families, second marriages, estranged family situations, or families with children from different relationships, this can create results that surprise loved ones.
This is one reason a “close enough” estate plan is dangerous. A document that fails may place the family in a similar position as having no plan at all.
The Rise of AI Makes Legal Review More Important
AI is becoming more common, and people are increasingly comfortable using it for important decisions. However, even in the legal profession, courts and regulators have become concerned about unverified AI output.
There have already been well-publicized legal cases where AI-generated legal research included fabricated case citations. In one federal case, attorneys were sanctioned after submitting legal filings containing fake cases generated by ChatGPT. More recently, Reuters reported that the federal judiciary has been asked to consider rules aimed at addressing fake AI-generated legal citations in court filings. While these examples are not specific to Michigan probate courts, they illustrate a broader point: AI-generated legal content must be carefully verified by someone who understands the law.
The lesson is not that AI is always bad. The lesson is that AI should not be treated as a substitute for legal judgment, especially when the consequences may affect your family, business, real estate, and legacy.
Estate Planning Mistakes Can Cost More Than Doing It Right the First Time
Using AI may feel free or inexpensive at the beginning. But a cheap estate plan can become very expensive if it fails.
If a will is invalid, unclear, or incomplete, the family may need to go to probate court to resolve the issue. If a trust is created but never funded, assets may still pass through probate. If beneficiary designations are outdated, assets may go to the wrong person. If a business owner does not have a succession plan, the business may face disruption, disputes, or even a forced sale.
This is especially important for Michigan business owners, farmers, physicians, professionals, and families with real estate. Assets such as family cottages, farmland, rental property, commercial buildings, LLC interests, or closely held business interests require careful planning.
A business can take decades to build. A poorly prepared estate plan can create confusion in a matter of days.
Michigan Real Estate Requires Special Attention
Real estate is often one of the most important assets in a Michigan estate plan. This may include a primary residence, family cottage, lake property, farmland, rental property, commercial building, or vacant land.
Michigan estate planning may involve tools such as revocable trusts, lady bird deeds, and transfer-on-death planning for real estate. A lady bird deed, also known as an enhanced life estate deed, can allow the owner to retain control of the property during life while transferring the property to a named beneficiary at death without probate when properly prepared and used in the right situation. The State Bar of Michigan has described lady bird deeds as a powerful estate planning device because the property can automatically transfer to the designated remainder beneficiary after death without probate.
However, these tools must be used carefully. The deed must be drafted correctly. The beneficiary choice should be coordinated with the broader estate plan. The plan should account for mortgages, taxes, long-term care concerns, family disagreements, and whether the property should be kept, sold, or managed after death.
AI cannot evaluate all of those practical and legal considerations in the same way an experienced Michigan estate planning attorney can.
Many Americans Still Do Not Have an Estate Plan
Estate planning avoidance is already a major problem. Recent surveys indicate that many Americans still do not have basic estate planning documents. Caring.com’s 2025 Wills and Estate Planning Study reported that only 24% of Americans had a will in 2025, down from 33% in 2022.
This means many families are already unprepared. AI may make it easier for people to feel like they have “done something,” but doing something is not the same as doing it correctly.
An incomplete or invalid estate plan can create a false sense of security.
Family Dynamics Require Human Judgment
Estate planning is personal. It is not just a technical exercise.
A Michigan estate planning attorney can help families think through questions such as:
- Should one child serve as trustee, or would that create conflict?
- What happens if one beneficiary struggles with money management?
- Should a family cottage be kept, sold, or placed in a trust?
- How should a family business be handled if only one child works in it?
- What happens if a beneficiary gets divorced, has creditor issues, or receives government benefits?
- Who should make healthcare and financial decisions if incapacity occurs?
- Are there charitable goals or legacy wishes that should be included?
- Should certain assets avoid probate?
- Does the estate plan match the business operating agreement or buy-sell agreement?
AI cannot sit across the table, ask follow-up questions, understand family history, or help identify issues that the client may not know to mention.
That human judgment is one of the most valuable parts of estate planning.
How AI Can Be Used Safely in Estate Planning
AI can still have a place in the estate planning process when used carefully.
For example, AI may help you:
- Create a list of questions for your attorney
- Organize your assets before a consultation
- Think through family goals
- Summarize basic estate planning concepts
- Prepare a rough outline of concerns you want to discuss
But AI should not replace legal advice or be used as the final drafter of your estate planning documents.
Your estate plan should be reviewed and prepared by someone who understands Michigan law, local probate concerns, tax considerations, real estate issues, and business succession planning.
Speak With a Michigan Estate Planning and Business Lawyer
Estate planning is too important to leave to a generic AI document. The goal is not simply to have paperwork. The goal is to have a legally sound plan that protects your family, honors your wishes, and helps prevent unnecessary conflict, delay, and expense.
If you are considering creating or updating your estate plan, reviewing a trust, planning for business succession, or transferring real estate, Dresser Law PLLC can help you evaluate your options and prepare a plan that fits your goals.
For guidance on Michigan estate planning, business succession planning, and asset protection, call Dresser Law PLLC at (269) 689-8527 to schedule a consultation.