what kind of lawyer do i need if i won the lottery

by Edward Witting 9 min read

There are different types of lawyers you’ll want to look for after winning the lottery. A tax lawyer, trust and estate attorney, and asset protection lawyer are just a few examples. Ideally, you'll want just one lawyer who can fulfill all those roles.

A good lottery lawyer knows the ins and outs of lottery law and has represented other big winners and people who have received unexpected financial windfalls. They should have proven experience with tax law, trust planning, asset protection, and other financial considerations in your specific statet.Apr 30, 2022

Full Answer

Why get a lawyer if you win the lottery?

What Lottery Lawyers Do for Jackpot Winners

  • Protecting Anonymity. 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.
  • Putting Together a Trustworthy Advisory Team. ...
  • Advising About Payout Options. ...
  • Avoiding Common Mistakes. ...
  • Quashing Frivolous Lawsuits. ...

How can attorneys help lottery winners?

  • The Attorney. This is the first person to hire. ...
  • The Financial Advisor. This person will help you set up accounts that keep your money growing in order to guarantee a safe income for you throughout your lifetime. ...
  • Accountant. This person will handle all the tax matters and keep you out of trouble with the IRS. ...

Do I need a lawyer if I win the lottery?

Well, yes. They're not absolutely necessary, but a good lottery lawyer can keep you from making bad decisions that could jeopardize you or your wealth. They'll be there to stop you from making common mistakes that cause lottery winners to go broke. The larger your prize, the higher the stakes, and the more sense it makes to hire a lottery lawyer who can help you manage it all. Besides, it's not like you wouldn't be able to afford them anyway.

How to actually win the lottery?

That is why he shared nine critical tips for lottery players, which include:

  • Buying additional lottery tickets for a particular game increases your odds of winning in that session.
  • Start a syndicate where you could pool money with other players to increase your winning odds.
  • Never go for consecutive numbers. ...
  • Never go with numbers that are in the same group and end with a similar digit. ...

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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.

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.

What steps to take after winning the lottery?

9 Smart Ways To Spend Your Lottery WinningsWait to Share the Good News. ... Take Time to Reflect. ... Hire Legal & Financial Consultants. ... Pay off your Debt. ... Start an Emergency Fund. ... Set Aside Money for Retirement. ... Choose Low-risk Investments. ... Make a Social Impact.More items...

Do you need a special bank account if you win the lottery?

Bank deposit accounts are a good place for a portion of your lottery winnings. The accounts are liquid, so you can withdraw money regularly. A certificate of deposit allows you to earn a higher interest rate, but you must promise to keep the money in the account for a specified period of time or pay a penalty.

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.

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 long does it take to get your money if you win the Powerball?

If you elected the cash option or if your prize is only offered in a single payment, your check should arrive approximately six to eight weeks from your claim date. If your prize is to be paid in installments, your first payment should be available within six to eight weeks from your claim date.

Is it better to take lump sum or annuity lottery?

While an annuity may offer more financial security over a longer period of time, you can invest a lump sum, which could offer you more money down the road. Take the time to weigh your options, and choose the one that's best for your financial situation.

How long does it take for lottery winnings to go into my bank?

It can take 3 to 5 working days for the money to be credited to your bank account.

Where do millionaires keep their money?

Examples of cash equivalents are money market mutual funds, certificates of deposit, commercial paper and Treasury bills. Some millionaires keep their cash in Treasury bills that they keep rolling over and reinvesting. They liquidate them when they need the cash.

What happens to your Social Security if you win the lottery?

Lottery winnings do not affect Social Security disability income (SSDI), but it can reduce or eliminate any Supplemental Security Income (SSI). Some states have laws in place that remove people from public assistance programs such as food stamps or other welfare programs if they win the lottery.

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.

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.

Why do people buy lottery tickets?

I understand most people buy lottery tickets to provide a platform to daydream about great wealth. I go a step further. Knowing the odds of winning are so tiny, buying a ticket doesn't change the odds that much (maybe 1 out of hundreds of millions). Therefore I can daydream without wasting the money.

Who advised hiring a tax attorney?

According to billionaire Mark Cuban as some news reports stated from an interview in an article in Business Insider, just a day ago, he advised hiring first a tax attorney. I'd trust that advice, already had a name in mind just in case we won.

What to think about when talking about a big time prize?

If we are talking a really big time prize, you need to start thinking about a small family office. There are highly specialized lawyers (in some jurisdictions the boss may even be a CPA or other sort of HNWI planners) that could put up such a group and decide which is the proper size of the team.

Why delegate hiring to someone else?

A reason to delegate the hirings on someone else is that you could overspend or be too much of a pennypincher. Part of the salary of the person running the office covers that decision making, fitting salaries-experience running these teams is paramount to bargain as it´s a very, very coveted position; in fact you can pay less to very qualified individuals because the life style is a lot better- and PQEs into a reasonable budget for your estates. Another part of the salary goes to present you with different scenarios and policies, ranging from a conservative use of the resources to a more agressive approach.

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 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.

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.

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.

What to do after lottery win?

3 People You Must Hire After a Lottery Win 1 The Attorney. This is the first person to hire. An attorney can help you keep the ticket safe until you have your team in place to help you handle your winnings. An attorney may advise you to set up a trust and transfer “ownership" of the ticket to the trust, for which you are the sole trustee. You’ll still receive your winnings, but the trust can save you on taxes. 2 The Financial Advisor. This person will help you set up accounts that keep your money growing in order to guarantee a safe income for you throughout your lifetime. A financial advisor will also investigate any financial investment requests that you will receive from family, friends or people you’ve never heard of, but who will assure you that you can make millions more with their method or product. 3 Accountant. This person will handle all the tax matters and keep you out of trouble with the IRS. After the government takes their initial cut, there are still more taxes to pay.

Who can help you keep a ticket safe?

The Attorney. This is the first person to hire. An attorney can help you keep the ticket safe until you have your team in place to help you handle your winnings. An attorney may advise you to set up a trust and transfer “ownership" of the ticket to the trust, for which you are the sole trustee.

How to protect your winning ticket?

Protect your ticket. Sign your winning ticket, make copies of it and stash the original in a safe-deposit box. If you are separated from the ticket, your signature should ensure you won’t be separated from the prize. The safe-deposit box will help ensure you’re not separated from it.

How long do you have to claim a lottery ticket?

Get help before you claim the prize. You’ll have three months (in most states) to come forward with your winning ticket. You likely won’t be able to keep your secret under your hat for that long, but before identifying yourself, assemble a team consisting of a financial planner, an accountant and a lawyer, with the lawyer being your first call. Lottery winners are often subject to legal claims out of left field, sometimes from co-workers who went in (or declined to) go in on a pool ticket.

How much is the Powerball jackpot worth?

The latest Powerball jackpot is worth about $400 million, the fourth largest jackpot in the history of the game.

How much is a Powerball ticket?

A major revamp last year upped the cost of a Powerball ticket to $2 from $1, and it also has led to sweeter jackpots in shorter periods of time. Since March 2012, when a record-setting $656 million Mega Millions jackpot was awarded, the U.S. has awarded some of its largest lottery prizes ever. That includes Powerball's largest jackpot of $590 million, which was won by a Florida widow in May.

How old was the widow who won the Powerball?

More pertinent is your age. The biggest payout to a single Powerball winner occurred in May, when an 84-year-old widow from Florida took her $370 million pretax payout at once.

What to do when someone is sitting on millions?

Name your charity. Eventually, experts say, someone sitting on several hundreds of millions starts to think of their legacy—and ways to reduce the taxes now, and on their survivors when they go.

Do you have to disclose your name to win a lottery?

In many states, however, winners are required to divulge their names for publicity purposes. If you have to identify yourself, change your phone to an unlisted number to avoid calls from scammers and “friends” who surface to make special pleas. You may consider moving to an undisclosed location, even temporarily, to avoid the crush of the press.

What can a lawyer do to help you win the lottery?

There's a lot of technical stuff to winning the lottery – not to mention the amount of money at stake – and a good lawyer will help you through all legal processes involved. They can help you keep as much of your winnings as legally possible, and might even be able to find creative ways of protecting your anonymity.

What to do first when you win a lottery?

First things, first – sign your winning ticket.

What does it mean when you lose a lottery ticket?

If you lose your ticket or if someone steals it, having your name on the ticket means that no one else will be able to cash it in without getting in trouble.

What is the best way to manage your money?

A financial adviser : You'll want to work with an expert who can show you how to manage your newfound wealth. A financial adviser will help you figure out what to spend your winnings on, where to invest, and how to plan for your future. They can guarantee that your money stays safe, and continues to grow.

What to do with your money?

Speaking of professionals, there are two more people we recommend hiring: 1 A financial adviser : You'll want to work with an expert who can show you how to manage your newfound wealth. A financial adviser will help you figure out what to spend your winnings on, where to invest, and how to plan for your future. They can guarantee that your money stays safe, and continues to grow. 2 An accountant : If you're thinking long-term – and you should be – get an account to help keep track of your finances. You should be busy growing your money or enjoying it. Leave the number crunching to someone you can depend on.

How to prepare for being a millionaire?

Accept that many changes will occur that are out of your control. Plan out a path for what you want to do and , most importantly, what you need to do. Also, prepare a contingency in case things go south.

Can you buy lottery tickets without knowing you are wealthy?

Most people buy lottery tickets without realizing the implications of being wealthy. Having lots of money is great, but it’s not all fun and games. Most people have trouble adjusting to a life of wealth and end up self-destructing. That’s why mentally preparing yourself for the life of a millionaire is important.

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