ChatGPT Prompts for Estate Planning: Wills, Trusts, Powers of Attorney

Published: July 2026 | 8 min read

Estate planning attorneys help clients manage the transfer of wealth, protection of assets, and care of loved ones across generations. They draft wills, design trusts, create powers of attorney, navigate tax implications, and plan for incapacity. AI can help structure documents, analyze scenarios, and draft initial versions of common estate planning instruments.

These prompts are adapted from Skillent's Legal AI Prompt Library.

Wills & Basic Documents

1. Last Will and Testament Draft

Role: Estate planning attorney
Task: Draft a last will and testament for [client profile]
Client: [age, marital status, children, assets overview, state]
Will structure:
1. Declaration (name, residence, revocation of prior wills)
2. Family/clause (spouse, children, descendants — identify by initial)
3. Specific bequests (particular items or amounts to named beneficiaries)
4. Residuary clause (everything else to [primary beneficiary])
5. Alternate residuary (if primary predeceases)
6. Executor nomination (primary and alternate)
7. Guardian nomination (if minor children)
8. Trust provisions (if testamentary trust needed — see trust section)
9. Tax clause (apportionment of estate taxes)
10. Powers of executor (broad authority, no bond required — if desired)
11. Survivorship clause (beneficiaries must survive by X hours/days)
12. No-contest clause (if applicable in [state])
13. Attestation and self-proving affidavit
Format: Formal will draft, [state]-compliant
Note: State-specific formalities (witnesses, notary, self-proving) must be verified
Do NOT: Include provisions invalid in [state] (e.g., holographic wills, no-contest clause in some states)

2. Pour-Over Will

Role: Estate planning attorney
Task: Draft a pour-over will for [client] with existing [trust name]
Key provisions:
1. Declaration and revocation
2. Family clause
3. Specific bequests (if any — typically minimal in pour-over wills)
4. Residuary clause: Everything to [name of inter vivos trust], dated [date]
5. Executor nomination and powers (must align with trust trustee powers)
6. Tax apportionment
7. Guardian nomination (if minor children)
8. Attestation and self-proving affidavit
Format: Pour-over will draft
Note: Ensure trust is properly funded separately — pour-over will is a safety net, not the primary transfer mechanism

3. Will Review Checklist

Role: Estate planning attorney reviewing existing will
Task: Review this will for completeness and issues
Input: [paste will text]
Check:
1. Execution validity (proper witnesses, notary, self-proving affidavit per state law)
2. Revocation of prior wills (explicit?)
3. Residuary clause (catch-all provision present?)
4. Alternate beneficiaries (what if primary predeceases?)
5. Executor succession (alternate if primary can't serve?)
6. Guardian succession (alternate if primary can't serve?)
7. Tax apportionment (how are taxes allocated among beneficiaries?)
8. No-contest clause (present? valid in this state?)
9. Specific bequest clarity (unambiguous identification of property and beneficiary?)
10. Powers granted to executor (sufficient? too broad? includes power of sale?)
11. Trust provisions (if any — consistent with trust document?)
12. Survivorship clause (present? appropriate period?)
13. Integration clause (all pages accounted for?)
Format: Will review memo with issues categorized (Error/Warning/Recommendation)

Trusts

4. Revocable Living Trust Draft

Role: Estate planning attorney
Task: Draft a revocable living trust for [client profile]
Client: [individual/couple, age, assets, goals: probate avoidance, incapacity planning, asset management]
Trust structure:
1. Declaration of trust (settlor, trustee, trust name, date)
2. Trust property (initial funding — to be supplemented)
3. Revocability (settlor reserves right to amend/revoke)
4. Trustee powers (broad: invest, sell, lease, hire professionals, distribute)
5. Distribution provisions during settlor's lifetime (to settlor for benefit)
6. Distribution upon settlor's incapacity (definition of incapacity, who determines, trustee duties)
7. Distribution upon settlor's death:
   - Specific bequests
   - Residuary to beneficiaries (outright or in trust)
   - Age-based distributions for minor beneficiaries
8. Trustee succession (primary, alternate, termination of trust)
9. Trust protector (if applicable — powers to amend, remove trustee, change situs)
10. Tax provisions (GST, income tax allocation)
11. Misc: Governing law, severability, spendthrift clause
Format: Trust agreement draft, [state]-compliant
Note: Verify state-specific trust requirements (e.g., community property states, state trust codes)

5. Irrevocable Life Insurance Trust (ILIT)

Role: Estate planning attorney
Task: Draft an ILIT for [client] with [insurance policy details]
Key provisions:
1. Declaration of trust (settlor, trustee, name, date)
2. Irrevocability (cannot amend or revoke — Crummey powers for annual gifting)
3. Beneficiaries (who receives policy proceeds upon settlor's death)
4. Trustee powers (limited — primarily to acquire, hold, and pay premiums on life insurance policy)
5. Crummey withdrawal rights (annual notice to beneficiaries, 30-day withdrawal period)
6. Distribution provisions (upon insured's death — to beneficiaries, outright or continuing trust)
7. Survivorship (if second-to-die policy — distributions only after both insureds die)
8. Trustee succession
9. Tax provisions (GST exemption allocation, estate tax exclusion — ensure proceeds outside estate)
Format: ILIT draft
Note: Crummey notices must be sent annually to maintain gift tax exclusion. Provide Crummey notice template as addendum.

6. Special Needs Trust (SNT) Draft

Role: Estate planning attorney
Task: Draft a third-party supplemental needs trust for [beneficiary]
Beneficiary: [age, disability, benefits received (SSI, Medicaid), care needs]
Key provisions:
1. Declaration (settlor, trustee, beneficiary, trust name)
2. Purpose (supplement, not supplant, government benefits — SSI/Medicaid preservation)
3. Trustee powers (limited to preserve benefits — no direct cash to beneficiary, no food or shelter purchases)
4. Permissible distributions (medical not covered by Medicaid, education, transportation, entertainment, personal care, travel, recreation)
5. Prohibited distributions (cash to beneficiary, food, shelter/rent, items that would reduce SSI/Medicaid)
6. Remainder beneficiaries (who receives trust assets upon beneficiary's death — not Medicaid payback for third-party SNT)
7. Trustee succession
8. Trust protector (to adapt to changing benefit rules)
9. Termination (upon beneficiary's death or when trust assets exhausted)
10. Governing law and state-specific SNT requirements
Format: SNT draft
Reference: 42 U.S.C. § 1396p(d)(4)(A) for first-party SNT requirements
Note: Distinguish first-party (d)(4)(A) SNT (payback required) from third-party SNT (no payback)

Powers of Attorney & Directives

7. Durable Power of Attorney Draft

Role: Estate planning attorney
Task: Draft a durable financial power of attorney for [client] in [state]
Principal: [client name, age, state]
Agent: [primary and alternate — name, relationship]
Powers granted:
1. Real property (buy, sell, lease, mortgage)
2. Personal property (buy, sell, manage)
3. Banking (open, close, deposit, withdraw, loans)
4. Investment (buy, sell, manage securities)
5. Retirement accounts (manage, withdraw, transfer)
6. Tax matters (file, sign returns, represent before IRS)
7. Insurance (buy, cancel, claim)
8. Legal claims and litigation (settle, defend, prosecute)
9. Business operations (if applicable)
10. Government benefits (apply for, manage)
11. Digital assets (email, social media, financial accounts, cryptocurrency)
12. Estate planning (create, amend, fund trusts — if permitted by state)
Effectiveness: [Immediate / Springing (upon incapacity — definition required)]
Durability: Survives incapacity (explicit statement)
Format: POA document, [state]-compliant
Note: Some states have statutory forms. Some powers require specific grant (estate planning, gifts, digital assets).

8. Healthcare Power of Attorney / Proxy

Role: Estate planning attorney
Task: Draft a healthcare power of attorney for [client] in [state]
Principal: [name, age]
Agent: [primary and alternate — name, relationship, contact info]
Agent powers:
1. Consent/refuse medical treatment (any type)
2. Choose healthcare providers and facilities
3. Access medical records (HIPAA release included)
4. Make end-of-life decisions (including life-sustaining treatment)
5. Organ donation decisions
6. Disposition of remains
Principal's wishes (advance directives):
1. Life-sustaining treatment preferences (if terminal, if permanently unconscious, if end-stage condition)
2. Artificial nutrition and hydration preferences
3. Pain relief preferences (even if it hastens death)
4. Specific treatment preferences (dialysis, CPR, ventilation, antibiotics)
5. Organ donation wishes
Format: Healthcare POA/advance directive, [state]-compliant
Note: Some states combine healthcare POA and living directive. Verify state-specific requirements and witness/notary formalities.

9. HIPAA Authorization Form

Role: Estate planning attorney
Task: Draft a HIPAA authorization for estate planning purposes
Authorize release to: [list: spouse, children, trustee, agent under POA, executor]
For each authorized person:
1. Name and relationship
2. What information may be accessed (all medical records / specific categories)
3. Purpose (estate planning, incapacity, end-of-life decisions)
4. Expiration (none — valid until revoked)
Rights:
1. Right to revoke (written notice to provider)
2. Right to refuse to sign (will not affect treatment)
3. Information may be re-disclosed (loses HIPAA protection once released)
Format: HIPAA authorization form
Note: Must comply with 45 CFR § 164.508 requirements for valid authorization

Planning & Analysis

10. Estate Tax Calculation

Role: Estate planning attorney
Task: Calculate federal estate tax exposure for [client estate]
Estate data:
- Total gross estate: [$]
- Adjustments (funeral, debts, charitable deductions, spousal deduction): [$]
- Taxable estate: [$]
- Federal exemption: [$] (current year — verify amount)
- State estate/inheritance tax: [check if state has one and threshold]
Calculation:
1. Gross estate value
2. Deductions (spousal, charitable, debts, funeral, admin expenses)
3. Taxable estate
4. Estate tax (federal, if over exemption)
5. State estate/inheritance tax
6. Total tax liability
7. Effective rate
Planning opportunities:
- Portability election (use deceased spouse's unused exemption — DSUE)
- Bypass trust (credit shelter trust — still useful for state tax planning, asset protection, appreciation)
- Annual gifting (annual exclusion amount per donee)
- Lifetime gifting (use exemption during life vs. at death)
- Charitable giving (charitable remainder trust, charitable lead trust)
Format: Estate tax calculation worksheet
Note: State estate tax varies significantly — some states have much lower thresholds than federal

11. Probate Avoidance Strategy

Role: Estate planning attorney
Task: Create a probate avoidance strategy for [client assets]
Asset inventory:
- Real estate: [list properties, ownership type, state, value]
- Financial accounts: [list bank, brokerage, retirement, ownership type]
- Business interests: [LLC, partnership, S-corp interests — state, operating agreement]
- Personal property: [vehicles, collectibles, other]
Probate avoidance tools:
1. Revocable living trust (transfer assets to trust during life)
   - What to transfer: real estate, financial accounts, business interests
   - What stays out: retirement accounts (beneficiary designations), vehicles (title transfer on death)
2. Beneficiary designations (POD/TOD on accounts, transfer-on-death deeds)
3. Joint tenancy with right of survivorship (for real estate — but consider creditor exposure)
4. Enhanced life estate deed (lady bird deed — if state allows)
5. Small estate affidavit (if estate under state threshold)
Action plan:
- For each asset: Current ownership → recommended ownership/title → transfer mechanism
- Timeline for retitling
- Funding checklist for trust
Format: Probate avoidance plan with asset-by-asset recommendations
Note: Consider tax and creditor implications of each transfer method

12. Estate Plan Review Checklist

Role: Estate planning attorney
Task: Create an estate plan review checklist for [client]
Review cycle: every 3-5 years or upon life events
Life event triggers:
- Marriage, divorce, widowhood
- Birth/adoption of child or grandchild
- Death of beneficiary or fiduciary
- Significant change in assets (inheritance, sale of business, retirement)
- Move to another state
- Change in health status
- Changes in tax law
Documents to review:
1. Will (still reflects wishes? beneficiaries current? executor appropriate?)
2. Revocable trust (funding complete? beneficiaries current? trustee appropriate?)
3. Financial POA (agent still appropriate? powers sufficient? state-compliant if moved?)
4. Healthcare POA (agent still appropriate? wishes still current?)
5. Beneficiary designations (retirement accounts, life insurance — still correct? aligned with will/trust?)
6. Asset titling (all assets titled correctly? joint tenance still appropriate?)
7. Fiduciary designations (executor, trustee, agent, guardian — still appropriate and willing?)
8. Tax planning (exemption changes, state tax changes, gifting strategy current?)
9. Digital assets (POA covers digital assets? passwords accessible?)
10. Special needs planning (any beneficiaries with new disabilities? SNT needed?)
Format: Estate plan review checklist
Include: Client meeting agenda and document update authorization form

Best Practices

1. Always verify state law — Estate planning is highly state-specific. Will formalities, trust codes, POA requirements, and tax rules vary significantly. Verify against current [state] law.

2. Keep current with tax law — Federal and state estate tax exemptions, rates, and rules change. Verify current year's amounts before finalizing any plan.

3. Coordinate beneficiary designations — Retirement accounts, life insurance, and annuities pass by beneficiary designation, not by will. Ensure designations align with the overall estate plan.

4. Fund the trust — An unfunded revocable trust is useless. Ensure all assets are properly retitled in the trust's name.

5. Review every 3-5 years — Life events and law changes make outdated plans ineffective. Schedule regular reviews. See our compliance officer prompts for corporate governance planning.