---
title: "State-specific estate-planning questions (United States)"
url: "https://ailawframework.com/precedents/wills-estates-probate-and-succession/us-state-specific-estate-questions"
type: "precedent"
site: "AI Law Framework"
id: "a17-us-state-specific-estate-questions"
area_id: "A17"
kind: "memo"
ai_level: "yellow"
version: 1
task_ids: ["A17-T1-R1", "A17-T1-R8", "A17-T1-R11"]
law_stated_as_at: "2026-10-22"
---

# State-specific estate-planning questions (United States)

> A memo that lists the estate-planning points that follow state statute, beside the two federal privacy rules that were opened, and that leaves each state citation blank until it is read.

Canonical page: https://ailawframework.com/precedents/wills-estates-probate-and-succession/us-state-specific-estate-questions  
Law stated as at: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Memo. An internal or advice memo.
- Practice area: [Wills, Estates, Probate & Succession](https://ailawframework.com/precedents/wills-estates-probate-and-succession.md)
- Jurisdictions: United States
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the 2 authorities it cites, for United States.

## When to use it

Use when an estate plan will be signed and the file needs a record of which questions are federal and which depend on a state statute the lawyer has opened. Do not use it as the will, the trust, or a deed.

## Used for these tasks

- [Prepare the will-instructions pack: capacity, undue-influence and family notes](https://ailawframework.com/practice/wills-estates-probate-and-succession/prepare-the-will-instructions-pack-capacity-undue-influence-and-family-n.md)
- [Assess family-provision, further-provision or elective-share eligibility from the file](https://ailawframework.com/practice/wills-estates-probate-and-succession/assess-family-provision-further-provision-or-elective-share-eligibility.md)
- [Map cross-border estate issues: assets, grants and choice of law](https://ailawframework.com/practice/wills-estates-probate-and-succession/map-cross-border-estate-issues-assets-grants-and-choice-of-law.md)

## How AI may be used

A tool may list the states that appear on the intake, one row per state, and highlight a row whose citation is blank.

**AI may:**

- Copy the domicile and each parcel's state from the intake
- Leave the citation cell empty when the file has no statute
- Repeat a citation only when the lawyer has already typed it into the file

**AI must not:**

- Must not supply a witness count, a community-property rule, or a homestead rule from memory
- Must not treat the federal privacy rules as the rule for signing a will or a deed
- Must not draft the dispositive provisions

**The lawyer checks:**

- Federal rows cite only 45 CFR 164.508 and 160.203
- Each state row is either blank or tied to a statute the lawyer opened on this matter
- Land is matched to the state where it sits, not only to the client's domicile
- The memo is not attached to the will as if it were part of the will

## Authorities

- [45 CFR 164.508 (Uses and disclosures for which an authorization is required), core elements, required statements, compounding, conditioning, and revocation](https://www.ecfr.gov/current/title-45/subtitle-A/subchapter-C/part-164/subpart-E/section-164.508)
- [45 CFR 160.203 (General rule and exceptions on preemption of State law), including paragraph (b) on a more stringent State privacy law](https://www.ecfr.gov/current/title-45/subtitle-A/subchapter-C/part-160/subpart-B/section-160.203)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/wills-estates-probate-and-succession/us-state-specific-estate-questions and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*
