AI’s Impact on Your Privacy and Estate
Is it just me? Have you noticed an increase in junk email? Beyond junk mail, the ads in my feeds are eerily aligned with my recent searches, TV shows, and even verbal conversations. While AI holds enormous promise for our future, our personal privacy is increasingly at risk.
It’s Not Just AI
It’s not just AI causing the problem. It’s the combination of open-record laws, the ease of accessing public information online, and AI’s ability to constantly scour and analyze that data. Real estate records are a good example. In most Colorado counties, we can pull up a copy of your property holdings while we’re on the phone with you. Real estate documents, voter registration records, and business filings are all just a keystroke away.
AI Causing Increased Probate Filings
We have reports of increased contested filings in probate matters. Laypeople are using a mix of state-provided self-help materials and AI-generated content to draft pleadings themselves, avoiding expensive legal fees. While far from perfect—and often riddled with mistakes—these filings can still significantly increase the cost and duration of probate proceedings.
Solutions: A Trust?
There is no quick solution to the loss of personal privacy. You can limit the information you share and advocate for change to open-record laws. There is a solution to the increased cost of probate. Avoid probate altogether with a revocable trust. Colorado, revocable trusts are not required to obtain an employer identification number, register with the courts, file with the Secretary of State, or be made publicly available. Real estate held in the trust can also obscure the identities of the individuals behind it.
A trust is not a complete answer to the privacy problem. A trust can help slow the erosion of your personal information and reduce the risk of costly, contested probate proceedings. If you’re concerned about privacy or the rising cost of probate, consider reviewing your estate plan and exploring whether a trust makes sense. A little planning now goes a long way toward protecting your information and your family.
