do you have to have a lawyer when you win the lottery

by Mabelle Erdman 6 min read

A good lottery lawyer can protect jackpot winners, their families, and their hard-won cash. You don't necessarily need a lawyer who brands themselves as a lottery lawyer, but you do want someone who has experience managing large windfalls.Apr 30, 2022

Should I hire a lottery lawyer?

A good lottery lawyer will help you find legal ways of minimizing your tax liability. They'll also be able to assist you in setting up a trust or other legal entity to claim your winnings, if you need to. That way, you'll be able to keep your identity private and keep unwanted attention at bay. They can also represent you in court, if needed.

Who is the go-to attorney for lottery winners?

Billed as the “go-to attorney for jackpot winners,” Jason Kurland is often called upon by the national media for lottery commentaries. Whenever jackpots reach record highs, expect him to give his 2 cents. Kurland has also represented some of the biggest winners in recent lottery history, including:

What should you do if you win the lottery?

Sign the back of the ticket immediately. That may sound crazy, but on the back of the ticket is where the owner puts their information (name, address and phone number) when they turn it in. Stake your claim to your winning ticket immediately. A lottery ticket is a bearer instrument. The person who holds it holds its title.

Do lottery winners go broke?

Prior lottery winners have funded a trust or set up another fund or process and allowed those wanting money to submit an application or submission. Let someone else run that. No Exceptions. Otherwise, you will be one of those who go broke or spend more money than you should because saying no is a hard thing to do.

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What is the first thing you should do if you win the lottery?

Before turning in the winning ticketSecure your ticket. ... Take a deep breath and take your time. ... Protect your privacy. ... Put together a crack team. ... Make a general plan. ... Lump sum or annuities? ... Plan for beyond.

Why do you need a financial advisor if you win the lottery?

Although state and local taxes are not withheld on any Lottery prize, you may still be liable for any California state and local personal income taxes based on your overall annual income and tax liability. Please consult a professional tax adviser to help you determine your total tax liability.

Can you keep your identity private If you win the lottery?

Unfortunately, only certain states allow lottery winners to remain anonymous. These states are: Kansas. Delaware.

How do I keep my lottery winnings secret?

If you win the lottery and really want to stay anonymous, research the rules for your state. You might be able to claim the money in the name of a trust. Then find trusted advisors like tax attorneys, trust and estate attorneys, and accountants.

Should you move if you win the lottery?

If someone were to ask you what you would do once you become a Powerball winner, you might say, "quit my job" or "buy a mansion." However, experts suggest that you don't make any big moves immediately.

How do I give my family money to the lottery?

Currently, that amount is about $5 million a person. Any property given away over that is taxed at the rate of 35%. So by claiming the lottery winnings as a family partnership, a winner can claim that they are not making a taxable gift, because it was a family investment. This could save millions in gift taxes.

What kind of trust is best for lottery winnings?

Irrevocable trusts protect lottery winnings because the assets legally do not belong to you. They also benefit your survivors as they are not subject to estate taxes. Blind trusts are also suitable as they protect your winnings from unscrupulous relatives and friends who want your property.

How long does it take to receive lottery winnings?

When you win a Powerball or Mega Millions jackpot, there is a 15-day waiting period between the draw date and when the jackpot will be paid out, as money from ticket sales needs to be collected in order to pay out the jackpot.

How does a blind trust work for lottery winners?

If the lottery administrators will distribute your winnings to you in lump sum and you don't trust yourself to manage them, you can set up the trust so that funds are distributed to you over time, and grant the trustee the authority to invest trust assets without your knowledge or consent.

Why do lotto winners have to go public?

They want the public to know that ordinary people can, and do, win lottery prizes, even incredible jackpot prizes worth hundreds of millions of dollars. Publishing the names of prize winners increases the public's trust in the fairness of lottery draws.

What are the luckiest numbers for lottery?

The winning numbers were 6, 14, 25, 33, 46 and the Powerball was 17....Most common red ball numbers21: Drawn 33 times.4: Drawn 30 times.19: Drawn 29 times.3: Drawn 29 times.8: Drawn 28 times.10: Drawn 27 times.6: Drawn 27 times.13: Drawn 27 times.More items...•

Does anyone actually win the lottery?

Whether they win $500 million or $1 million, about 70 percent of lotto winners lose or spend all that money in five years or less. Read the story of a lottery ticket dispute that starts with a couple going in on a ticket and ends with the woman taking the money and running.

Taxes

While we would love to think that if we win 20 million dollars that we would be handed over that exact amount, we mostly all realize that is not the case. That big win comes along with a substantial tax bill that needs to be rectified, either right away or during tax season.

Your Identity

We have all seen the news stories: Local Woman Wins Big Earnings at Her Nearby Gas Station. It is no surprise that the entire community (the whole country, even!) gets excited when there is a lottery winner. It is almost as if they won the prize along with the winner.

Drafting Protections

If you win a substantial amount of money, you will likely need some legal documents drawn up to see how to best protect your newfound bounty. You will want to put protections in place for yourself and any recipient of the prize money that you choose.

In Your Corner for Lawsuits

You may ask yourself why would I find myself in the midst of a lawsuit? Unfortunately, as we said earlier, there are many people who are looking to capitalize on another person’s gains.

Summary – Why should you Hire a Lawyer when Winning the Lottery

Winning the lottery is an exciting and once-in-a-lifetime event. It can come at a moment’s notice and most of the time, we purchase our tickets and think that there is no way that it will actually happen to us. We purchase it with a dream and a hope and a dose of reality.

Why is it important to find a lawyer for a lottery winner?

Winners spend a lot of time with their financial team, so it's important to find someone they trust and feel comfortable with. And of course, the lawyer should be familiar with the unique problems lottery winners face.

What is a lottery lawyer?

A lottery lawyer is part of the advisory team that winners should put together to help them wade through the legalities of claiming a prize without making costly mistakes. A good lottery lawyer can protect jackpot winners, their families, and their hard-won cash.

Why do lottery winners need to make decisions?

New lottery winners need to make the decision whether to take a lump sum or an annuity payout. A lottery winner can keep them apprised about the legal and financial ramifications of their choice. Because they know the winner's exact financial status, they can give better advice than the winner would receive by reading articles online.

How to protect lottery winnings?

Another option many lottery winners choose is to set up a trust to claim the prize. In many cases, setting up a trust not only helps protect the winner's identity, but also prevents the winner from spending too much too quickly while fending off requests for handouts and donations. A lottery lawyer can help determine whether a trust is beneficial for the winner and if so, can help set it up.

Why do you want to keep the lottery private?

When you win the lottery, you want to keep the news as private as possible to avoid being the target of lawsuits, scams, and straight-out begging for cash. But keeping the word from spreading isn't a simple task. Some states let lottery winners claim their prizes anonymously. Others don't, but let winners claim in the name of a business, which can reduce the publicity they have to deal with. A good lottery lawyer can help winners protect their anonymity as much as possible.

What to do if you win a lottery?

If you win a large prize in a lottery, getting a good lawyer should be a priority . You'll want to have representation before you tell anyone outside of your immediate circle of family and trusted friends that you've won, and certainly before you claim your prize.

Do lottery lawyers need to be a lawyer?

You don't necessarily need a lawyer who brands themselves as a lottery lawyer, but you do want someone who has experience managing large windfalls. Good lottery lawyers have experience with taxes, estate planning, setting up trusts, and protecting assets.

How to make sure you won the lottery?

If you’re worried about losing the actual ticket during the process of hiring the attorney and others, make copies of it front and back, put it in the safe deposit box as others have suggested, but then take just a copy to a lottery machine that reads the barcode for you to help make sure you are the winner. You can cut out a small size rather than take a large sheet of copy paper, just make sure the barcode is in tact. Make sure no one is standing beside or behind you when you get the reading. Keep the win quiet. Don’t ask a store clerk, just quietly go to a machine by yourself, and leave when it says you’re the jackpot winner without acting excited.

What happens if you never collect a lottery ticket?

If the ticket was misread, or becomes lost or destroyed, and you never collect, they’ll still bill you and you’ll still owe.

How do you want an attorney to handle the actual claiming of the ticket?

Too often, smiling, beaming attorneys are photographed claiming their clients’ lottery win , which exposes to the world who your attorney is. This means the attorney’s interns, secretary, etc. can be found and coerced into revealing who you are. It means your attorney will be inundated with phone calls all day long at first and possibly on a regular basis for years, which he or she will bill to you for the time it takes to answer them all, and hopefully not slip during the answers and give a bit too much away. In one state, the attorney thought he stated only that the winner was an 87 year old male, and within hours the winner’s house was surrounded by the media and public. Journalists and others are very good at asking seemingly innocent questions and getting more information than the attorney ever realized he or she was giving away. I’ve gotten information from many attorneys just by getting their guard down and asking the type of questions that have me receiving far more information that they didn’t realize they were giving me, than I should have received, regardless of oaths attorneys take to maintain privacy.

Why do you need an attorney for financial planning?

An attorney could be necessary because people would pour out of the woodwork attempting to seperate you from your new found wealth.

Is winning the lottery a curse?

While many people think winning the lottery is a dream come true, it’s also a curse with enormous responsibility that will require a great deal of courage and great professional advice to allow you to enjoy the winnings.

Can you recover your winnings if you are not a US citizen?

If you are not a US citizen, you may also require a US tax recovery service at your bay, as a part of your winnings will be held as taxes in the US, which can be recovered later.

Do you have to tell an attorney you have a ticket in a safe deposit box?

You may also want to tell the attorney you have the ticket in a safe deposit box but would like him or her to also verify that it’s a winner before too many of their expensive hours are built up. Give them just a copy and let them look online themselves to verify.

Why do you need a lawyer for lottery winnings?

Some of the benefits of hiring a lottery lawyer are: They can help you keep as much of your winnings as you legally can. They can help protect your identity. They can introduce you to the right people. They can set up your estate for your family's future.

How to find out if a lottery lawyer is a good one?

Take the time and do some research on a potential lottery lawyer. Reach out to their past clients and find out how their experience was. You can also look into their records to see if any disciplinary actions were taken against them in the past. All this information can be found online.

What to look for when choosing a lottery lawyer?

What to Look For When Choosing a Lottery Attorney. You should take your time when looking for a lottery lawyer. The difference between a good lawyer and a bad one can easily cost you your money, time, and worse. Choose from different candidates, so you can find the best one.

What is a good lottery lawyer?

They can protect you from potential lawsuits and counsel you in such events. A good lottery lawyer will help you find legal ways of minimizing your tax liability. They'll also be able to assist you in setting up a trust or other legal entity to claim your winnings, if you need to.

What to do if you win the lottery?

If you won the lottery, the first person you want to hire: an attorney. That’s right, just one. It’s true that you’re going to need all sorts of lawyers who specialize in taxes, trusts, estates, and the like. But, you don’t really need to hire an entire cavalcade immediately.

Who won the 2011 Powerball?

Kurland has also represented some of the biggest winners in recent lottery history, including: Putnam Avenue Family Trust: Also known as the winner of the $254 million Powerball jackpot of November 2011. Rainbow Sherbert Trust: Also known as the winner of the $336 million Powerball jackpot of March 2012.

Is a lottery lawyer expensive?

Obviously, you'd have to consider your budget when hiring at attorney. The good news is that a good lottery lawyer doesn't necessarily mean they'll be expensive. And an expensive lawyer doesn't automatically mean they'll be the right one for you. Also consider the payment agreement between the two of you.

How to claim a lottery ticket?

Sign the back of the ticket immediately. That may sound crazy, but on the back of the ticket is where the owner puts their information (name, address and phone number) when they turn it in. Stake your claim to your winning ticket immediately. A lottery ticket is a bearer instrument. The person who holds it holds its title. That means possession is often the primary consideration. Although disputes can happen and custody can be disputed, whoever signs the ticket and presents a photo ID can claim the prize. You may be requested to verify where you bought it and/or how you obtained custody. Sign it so even if someone takes it, it creates an immediate presumption that it is/was yours.

How many states allow anonymous lottery winners?

Powerball tickets are sold in 44 states, as well as in Washington, D.C., the U.S. Virgin Islands and Puerto Rico. As of last time we looked, all but six states require lottery winners to come forward publicly. Delaware, Kansas, Maryland, North Dakota, Ohio and South Carolina allow winners to remain anonymous. Many other states are in the process of enacting such laws- some may even require you to donate some money to charity if you want to remain anonymous. Other states permit winners to create limited liability companies, so that when their names have to be announced, it’s the companies and not individuals that are identified. Think seriously about that.

Do lottery winners find terrible fates?

Finally, don’t be a woe-filled story. Statistics show lottery winners often find terrible fates. Here are some more stories of the bad days which may follow:

Does Monopoly have a fiduciary duty?

You won’t believe the tax issues which could come up- state taxes, federal taxes, gift taxes, corporate taxes and other taxes even the game Monopoly didn’t try to make up. The lawyer can help with this, as they have a fiduciary (financial) duty to you.

Do you get paid for a month on a trust?

You may need to add “member,” “partner” or “trustee,” etc. You won’t get paid for a month or so, according to most sources. This not only gives you time to get things in order, but can be an excruciating wait.

Is Powerball 1 in 292,201,338 real?

Let’s say you have that 1 in 292,201,338 ticket. You’ve checked the winning powerball numbers twice. It’s real. Your heart is racing. Your mind is full of thoughts. You want to scream it from the rooftops and call work and let them know you will certainly not be coming back.

Why do you need a lawyer for the lottery?

It’s easy to look for a disciplinary record in online databases. If the desired lawyer had any problems with the law, you’d immediately know about it. All that can be relevant because you want someone who’s clean and has no legal issues.

How to stay anonymous after lottery win?

Staying anonymous. A skillful attorney can help to maximize your anonymity after a lottery win. They can also assist in protecting your privacy if anyone tries to violate it.

What do you want in a lawyer?

You want a lawyer who matches your personality and someone willing to dedicate time and effort to your requirements. Perhaps you need someone with a gentle approach? Do you prefer someone more direct who’ll stop you from making poor judgments? It depends on your expectations, so don’t hesitate to choose accordingly.

How to know if a lawyer is reliable?

You can also visit social networks and professional review websites. You can find feedback from previous clients here. If there are predominantly positive impressions, that indicates the lawyer is reliable.

How to pay a lawyer?

You have two ways of paying your lawyer. The first one is to agree on a specific hourly rate or fixed fee for specific services. An alternative is to give them a portion of your winnings. The latter isn’t a smart move as it often indicates the lawyer is greedy. An honest expert will charge for their services as you go. That also guarantees they’ll be more dedicated to doing good work. As always, a higher price doesn’t mean the lawyer is better. You should consider other factors to make an informed decision.

What is the primary requirement for a lawyer?

The primary requirement is that you get a skillful and experienced attorney. Even if he’s your friend, you shouldn’t trust a lawyer with no reputable clients in their portfolio.

Why do you want to hire an expert after you win the prize?

You want to hire an expert after you win the prize, but before claiming it. That’s essential because an attorney can ensure the claiming process goes smoothly.

What do you need to win a lottery ticket?

All you need is the ticket, signed, a valid ID, and to be able to say at which store you bought the ticket, how did you pay and around what time. They are going to investigate that. You also need to go through the night without catastrophic incidents and to drive carefully to the lottery claims center.

Why do people need a lawyer?

The lawyer is to help you plan how to handle things. Once your name gets out, people will come out of the woodwork with offers, threats, attempts to blackmail, identity theft, etc. Having a good lawyer will help you

Can you gift someone a lottery ticket?

Yes. And they’ll want to verify your ticket really is a winner, if you don’t have the proper amount to pay them up front. Once they represent you, they can discuss options like setting up a trust fund to protect your money from you (yep - really solid idea). They can even place any property you own into another type of trust - especially if you believe you may be sued by an ex- spouse or family member. They can also assist with planning gifts to reduce the amount of cash you hold. That way - you gift assets and cash to potentially reduce the taxable income you have for the year. Did you know you can gift someone $15,000/year? If you have a spouse, you can combine your amounts to a $30,000 gift - tax free according to the IRS. The shifting of money and assets are called “lifetime wealth transfer strategies” and, basically, are meant to reduce your assets under a certain threshold so that you are taxed at the lowest possible rates - legally.

Can you win the lottery anonymously?

You are going to get sued - Since you cannot win the lottery anonymously, you can expect that somebody, somewhere is going to sue you for something. Legitimate or not, you’ll need representation.

Can you give up your life insurance?

You can, but be certain you know your rights and options before you give up, or lapse, your life insurance policy. Instead of “giving up” a policy you no longer want or can no longer afford, you may be able to easily turn it into a significant cash windfall through a life settlement. In 20

Can I claim my lottery in public?

The lawyer will set up an LLC account for you under a different entity and will claim your lottery in public so you can remain anonymous. I doubt you want death threats coming your way and fake friends and family harassing you for money on a daily basis. Let`s not forget the fraudulent lawsuits people will place on you.

Why do you need a lottery lawyer?

Hiring a lottery lawyer can help you create a strategy to manage your new-found wealth safely, which can greatly save you time. They can advise you when to claim your prize, how to keep your ticket safe, how to avoid overspending, how to manage yours and your family’s safety, and much more!

Who can help inexperienced lottery winners?

Inexperienced lottery winners could benefit from the advice of a seasoned lawyer, who knows the common missteps and how to avoid making them.

What to do after signing lottery ticket?

After signing your winning lottery ticket, and putting it in a safe and private place, getting a good lottery lawyer should be top on your priority list.

What does it mean when a lawyer isn't willing to discuss fees?

Don’t hesitate to ask detailed questions. If a lawyer isn’t willing to discuss fees, it might be an indication of poor client service.

Which states allow anonymous lottery winners?

In the US, there are six states that allow lottery winners to remain anonymous; they are Delaware, Kansas, Maryland, North Dakota, Ohio, and South Carolina. However, some states have made exceptions in a few cases, where a winner might be put in significant danger if their name was released.

Do lawyers know lottery law?

So this may seem like a no-brainer, but your lawyer should know lottery law like the back of their hand and have a list of past or current clients to prove it.

Can you claim a lottery prize anonymously?

While there are states that will let lottery winners claim their prize anonymously, or in the name of a business, there are states that will not. A good lottery lawyer can help protect a winner’s identity and personal information as much as possible.

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