How To Use ChatGPT (and Other AI Tools) to Navigate the Probate Process in Michigan

If you've been reading at all, you know that the improvement in generative AI tools, like ChatGPT v.4, have made it possible now to get work done more quickly than ever, especially in knowledge fields like law.

This is great news for consumers because now they can use ChatGPT as a probate assistant when dealing with transferring the property of a loved one when someone dies in their state.

This article will show you how to effectively use AI tools like ChatGPT, Google Bard, and Claude.ai to help you through the probate process in your state.

Let's get started.

Getting Started

Ask, "What would a probate lawyer ask?" And why? And provide relevant citations, please

You may be shocked to find how simple it is to start using ChatGPT as a probate assistant.

Here are four powerful prompts that can give you a ton of information about handling probate where you live.

Prompt #1.
What are some questions that a Michigan Probate lawyer would ask of someone whose loved one had died?

Try it yourself. Click on the above text to copy it and and then click on one of the sources below and enter it into the prompt box. 

Generative AI Tools to try:

• ChatGPT4 - the most powerful AI tool you can use, but it costs $20 a month. But it's worth it if you must do legal research that has to be right.
• Google bard - useful for getting up-to-date information like locations of offices and current fees
• Claude.ai - a competitor to open.ai. A public benefit corporation trying to make AI tools that won't destroy the planet. We applaud their mission. 

Try this prompt on:
Perplexity.ai Google Gemini ChatGPT4Claude.ai

You'll get an answer something like this... (this came from Claude.ai, which isn't even necessarily the strongest possible assistant. Nevertheless, it's a useful list.)

Here are some common questions a Michigan probate lawyer would likely ask when consulting with someone whose loved one has died:

• Did the deceased have a will? If so, do you have the original copy?
• Do you know if the deceased owned any real estate, bank accounts, investments, or other assets solely in their name?
• Was the deceased married at the time of death? If so, do they have any surviving children or other dependents?
• Who is listed as the executor in the will or who is the next of kin that is in line to serve as administrator of the estate?
• Do you have a general estimate of the total value of the deceased's assets and personal property?
• Did the deceased have any outstanding debts, loans, or liabilities?
• Where was the deceased's primary residence? Did they own real property in any other states?
• Have you started looking for insurance policies, bank statements, deeds, titles, etc. to help determine assets?
• Has a probate case been opened with the court yet? If not, do you know which county it will be filed in?
• Have any beneficiaries made claims on the estate or contested the will yet?
• Have any actions been taken yet to secure assets like changing locks, closing bank accounts, etc?

The lawyer will want to understand the overall situation to advise on the next steps, requirements, and probate procedures specific to Michigan law that will apply.

source: Claude AI July 19, 2023

PROMPT #2:
Can you write an article explaining the relevance of each question, citing which Michigan laws are relevant to each question?

Try this prompt on:
Perplexity.ai Google Gemini ChatGPT4Claude.ai

Here's where it starts to get fun (and blow your mind, frankly).

The answer you'll get will give you citations to Michigan law, which you'll have to check on Google to make sure they are accurate. AI tools can sometimes get these wrong (about 10% of the time).

Pretty sweet, eh?

PROMPT #3.
Do all assets go through probate? Are there kinds of assets that pass outside of probate in Michigan? Can you list them? And explain each one. What steps need to be taken to transfer each kind of asset at death? Can you write an article about that?

Here is a draft article discussing assets that can pass outside of probate in:

Passing Outside Probate in Michigan: Non-Probate Assets to Be Aware Of

When a loved one passes away, people often think all their assets must go through the probate process. However, Michigan law allows certain non-probate assets to transfer directly to beneficiaries without probate. Being aware of these can simplify the estate settlement.

Joint Assets with Rights of Survivorship

Accounts or titles held jointly with another person with rights of survivorship automatically pass to the surviving co-owner at death outside of probate. This includes jointly held bank accounts, brokerage accounts, and real estate titles. To claim the assets, the survivor will need to provide a death certificate.

Beneficiary Designations

Assets like life insurance policies or retirement accounts with properly completed beneficiary designations will go directly to those named beneficiaries and sidestep probate. These assets are distributed by the account custodians once they receive a death certificate.

“Transfer on Death” Assets

Vehicles or financial accounts can be titled with “transfer on death” designations. At death, these types of assets will automatically transfer to the named beneficiaries similar to accounts with designated beneficiaries.

Trust Assets

If assets are properly held in and distributed per a trust, they avoid probate. The successor trustee named in the trust can distribute assets directly to beneficiaries as outlined in the trust terms.

Payable on Death Accounts

In Michigan, bank accounts can be designated as “payable on death” to a named beneficiary. These automatically convert to belonging to the beneficiary at the account owner’s death without probate.

Knowing what assets may transfer outside of probate can help simplify administration of an estate. Non-probate transfers do not require court approval or filings. But it is essential that the accounts, titles, and designations are properly completed to achieve this. Consult an attorney to ensure your assets are handled as desired.