Downs Law Firm, P.C.

Preparing for AI in your will

Preparing for AI in Your Will

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Grief technology, the use of images and voices after a person's death, is already an existing thing, with Seance AI programs to communicate with grandchildren.

Preparing for AI in your will may seem like a novel concept, but ensuring that your digital assets and interactions with artificial intelligence (AI) technology are appropriately addressed is essential.

On June 22, 2023, the Washington Post had an Op-Ed by Bina Venkataraman: “AI Ghosts are coming. But must we perform from beyond the grave?” which discusses Tom Hanks and his wife, Rita Wilson, and their concerns about Artificial Intelligence using their likenesses in movies after they died.

Grief technology, the use of images and voices after a person’s death, is already an existing thing, with Seance Artificial Intelligence programs to communicate with grandchildren. Concerns over using your image or voice may seem far-fetched, almost as much as self-driving cars were a few years back.

Here are some steps to consider when including AI-related provisions in your will, PRODUCED with some help from BY MY CHATBOT AI PROGRAM:

1. Take stock of your digital assets: List all digital assets, including AI-driven devices, virtual assistants like Siri or Alexa, social media accounts, cryptocurrency holdings, or any other technology connected to Artificial Intelligence systems.
2. Appoint a trusted digital executor: Nominate a tech-savvy individual as your digital executor who understands this technology and can handle your digital assets accordingly. Ensure this person has access to your passwords, licenses, and documentation related to such devices or applications.
3. Understand relevant laws and policies: Stay informed about existing and upcoming laws governing AI technology and the policies and terms of service of the AI platforms you use. This will help you address any legal considerations when including digital asset provisions in your will.
4. Specify AI asset ownership and management: Clearly state who will own and manage your AI-driven devices and accounts after your passing. Consider whether you want your devices to be passed on to specific individuals or institutions or donated to charities. Specify access rights and transfer of licenses, and ensure any subscriptions to AI services are appropriately addressed.
5. Specify data usage and privacy preferences: AI devices often collect large amounts of personal data. Indicate your preferences regarding the storage, deletion, or transfer of this data when you pass away to protect your privacy and comply with relevant privacy laws.
6. Incorporate AI-generated creations: If you have AI-generated works, such as art, music, or literature, determine their ownership and usage rights. Specify whether they should be preserved, shared, sold, or deleted, depending on your preferences and the value you assign to them.
7. Consult a lawyer: Seek legal advice from an estate planning attorney or a lawyer well-versed in digital asset laws to ensure your provisions are legally enforceable. Laws regarding digital assets and AI may vary depending on your jurisdiction, so consult an expert in this area.
Regularly review and update your will to reflect changes in AI technology, services, and relevant laws. It is crucial to stay informed and adapt your estate planning documents accordingly to include AI-related considerations and ensure the appropriate management of your assets in the digital age.
That will be updated is a good and often avoided idea. Putting provisions in your will to appoint a representative for your avatar is novel now but may soon be a norm.
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