Chat GPT The advancement of generative AI is changing daily. I am using Chat GPT every day, however, and just keeping up with the others because I have to as a legal tech writer. But, in the every day practice of law, a general practitioner like myself sees clients of all stripes, and many variations of legal problems. In the old days, after discussing  a problem with a client for half an hour to an hour, I would spend time in a law library, or, more recently, online with Google Scholar, or one of the other legal research engines, to make sure I was up to date on the legal analysis. If the case was being litigated, I would do a deeper dive in order to draft pleadings or memoranda. Then, I would reconnect with the client to develop strategy or solutions. This kind of interaction can be done these days via Zoom, so the traveling lawyer can still connect with clients. Email, collaborative use of word processing software, and other tech developments make this possible. But, currently, my practice has been greatly enhanced by the ability to ask Sunshine (yes, I named my bot) any legal question, and get instant results to analyze, check, and use. This greatly enhances the quality of my advice to the client, and reduces the time spent in legal research. For the traveling lawyer, it is much like taking a group of legal assistants with you; except that it doesn’t require a salary, doesn’t get sick, works much faster (like within 3 minutes), and produces work product that is often better. If you are in an RV in a Florida State Park, surrounded by nature, this is Nirvana. As generative AI merges into AGI (artificial general intelligence), this ability will only get better. Often, I use Sunshine just to quickly give me checklists or analysis in areas I am already knowledgeable, that I can use in counseling a client. For example, recently, in an initial estate planning conference, while I have done estate planning for medium sized estates hundreds of times, I had Sunshine give me a quick checklist and analysis as a guide for my conference. She was spot on.

“Below is a checklist of documents and information you might request from your client to ensure a comprehensive estate plan. Given his multi-state asset interests, this list includes items pertinent to both personal and business assets, as well as existing estate planning documents. (Of course, you should tailor the list to the client’s specific circumstances and confirm with any local counsel as needed.)

I. Personal & Family Information

  • Basic Identifying Information:

    • Full legal name, date of birth, Social Security number, and contact information.
    • Copies of government-issued photo ID (driver’s license, passport).

  • Family Details:

    • Marital status (including any prenuptial or postnuptial agreements).
    • Information on current spouse, former spouses, children, grandchildren, and other dependents.
    • Contact information for family members and potential beneficiaries.
    • Details regarding any special needs or circumstances (e.g., beneficiaries requiring special trusts).

  • Existing Estate Planning Documents:

    • Any prior wills, trusts, powers of attorney, or health care directives.
    • Previous estate or financial planning documents that might impact the current plan.

II. Asset Documentation

A. Real Estate & Property Interests

  • Florida and Out-of-State Property:
    • Deeds, property surveys, and legal descriptions of all real estate holdings.
    • Mortgage statements or loan documents.
    • Title reports and property tax records.
    • Any appraisal reports or recent valuations.

B. Business Interests 

  • Formation & Ownership Documents:

    • Articles of organization/incorporation, operating agreements, partnership agreements, or shareholder agreements.
    • Minutes of meetings, resolutions, or other corporate records.
    • Documentation outlining ownership percentages and roles in the businesses.

  • Financial & Operational Documents:

    • Recent financial statements (balance sheets, income statements, cash flow statements).
    • Tax returns (personal and business) for the past few years.
    • Any agreements with third parties (e.g., management contracts, vendor agreements).

C. Financial Assets

  • Bank and brokerage account statements.
  • Investment account details (stocks, bonds, mutual funds, etc.).
  • Retirement account statements and beneficiary designations.
  • Life insurance policies (including beneficiary forms).

D. Personal Property & Other Assets

  • A list of significant personal property (e.g., vehicles, collectibles, artwork, etc.).
  • Digital assets (online accounts, digital currencies, intellectual property, etc.).

III. Liabilities & Debts

  • A comprehensive list of current debts (mortgages, loans, credit card debts).
  • Any business-related liabilities.
  • Documentation of any outstanding litigation or potential claims against the estate.

IV. Estate Planning Directives & Powers

  • Proposed Documents:

    • Florida Will: Ensure it reflects all state-specific requirements.
    • Revocable Trust: Draft details on how the trust will manage and distribute assets.
    • Durable Power of Attorney (Financial): Identify who will make financial decisions if incapacitated.
    • Living Will/Advance Health Care Directive: Clearly state health care preferences.
    • Additional Powers/Directives: Consider documents like a HIPAA authorization or a digital asset memorandum.

  • Instructions & Preferences:

    • Detailed directives for asset distribution, including any specific bequests or conditions.
    • Business succession plans (e.g., management or sale of motel interests upon incapacity or death).
    • Tax planning strategies and goals for minimizing estate and inheritance taxes.
    • Charitable giving wishes, if applicable.

V. Additional Considerations

  • Interstate Considerations:

    • Since assets are located in multiple states, gather information regarding any ancillary probate or local requirements. It might be necessary to consult with attorneys in other states to ensure seamless transfer or management of these assets.

  • Digital Estate:

    • A list of digital assets, online accounts, and instructions for managing them posthumously.

  • Insurance & Health Documents:

    • Updated insurance policies (home, auto, business, umbrella policies).
    • Health care directives and any medical power of attorney details.

Next Steps

  1. Review Collected Information: Once you have these documents and details, review them to identify any gaps in the client’s current estate plan.
  2. Coordinate with Other Professionals: Consider consultations with business attorneys, tax professionals, and out-of-state counsel as necessary.
  3. Draft Customized Documents: Based on the review, craft or update the Florida Will, Revocable Trust, Durable Power of Attorney, Living Will, and any ancillary documents to reflect his wishes accurately and to address multi-state asset concerns.

This checklist should provide a robust starting point to ensure you have all the pertinent information and documentation needed to create a tailored estate plan for your client.

 
o3-mini”
 
Of course, all of this is stuff I would do without access to ChatGPT. But, having quick access to detailed information while traveling makes this invaluable to the practicing lawyer. What’s in your computer?

Chatgbtrobot