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We've all heard the saying: If you wouldn't want it splashed across the front page of tomorrow's newspaper (or The Daily Upside newsletter), it's probably best not to say it at all.
The same rule applies when it comes to sharing sensitive estate planning information with general-purpose AI chatbots. It may seem like a harmless exercise to run one's trust-funding strategy or family business succession plans past the likes of Claude or ChatGPT, but doing so can actually subject that information to future discovery if the plan is challenged in court, according to a team of specialist attorneys at ArentFox Schiff. So advisors and their clients should utilize extreme caution when utilizing public generative AI tools as part of the estate planning process, especially in situations where a lot of wealth is at stake or a future estate dispute seems likely.
"It's fraught with risk when we recklessly invite AI into the attorney-advisor-client relationship," said Sarah Kerr Severson, a partner on ArentFox Schiff's private wealth and tax planning team. "There's no attorney-client privilege there. Courts have already confirmed that."
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#Planning
We've all heard the saying: If you wouldn't want it splashed across the front page of tomorrow's newspaper (or The Daily Upside newsletter), it's probably best not to say it at all.
The same rule applies when it comes to sharing sensitive estate planning information with general-purpose AI chatbots. It may seem like a harmless exercise to run one's trust-funding strategy or family business succession plans past the likes of Claude or ChatGPT, but doing so can actually subject that information to future discovery if the plan is challenged in court, according to a team of specialist attorneys at ArentFox Schiff. So advisors and their clients should utilize extreme caution when utilizing public generative AI tools as part of the estate planning process, especially in situations where a lot of wealth is at stake or a future estate dispute seems likely.
"It's fraught with risk when we recklessly invite AI into the attorney-advisor-client relationship," said Sarah Kerr Severson, a partner on ArentFox Schiff's private wealth and tax planning team. "There's no attorney-client privilege there. Courts have already confirmed that."
Sign up for The Daily Upside at no cost for premium **** ysis on all your favorite stocks.
#Planning
6 days ago
