what kind of lawyer do i need to sue the state lottery

by Lamont Ziemann 6 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.

Full Answer

Who is the lottery lawyer?

Despite his accolades, Kurland provides pro bono legal counsel to the Interfaith Nutrition Network – on which he sits as a Board of Director. You can learn more about him at his website, TheLotteryLawyer, and can reach him via the following channels:

What to look for when hiring a lottery lawyer?

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.

How do I find a lawyer to sue a state?

In fact, states usually can’t be sued. Only a qualified lawyer can advise you whether you meet one of the exceptions. To find a lawyer, you should contact your state or local bar association and ask for a referral. Once you get the name, call and schedule a half hour consultation.

Should you hire a lawyer to handle your winnings?

However, an experienced lawyer should have a network of other top-quality professionals such as accountants, investment advisors and even security. All of whom can work with your lawyer to protect the client’s interests. “You should assemble a top-flight team of professionals who can advise you and help you get through the winnings process.

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.

Can you sue California lottery?

If there is a dispute over a lottery ticket winning, whether it involves family member fraud, workplace fraud (like an employer stealing your ticket), etc., you might have grounds to pursue a lawsuit. You might need the assistance of a stolen lottery ticket lawyer.

What's the first thing to do after winning the lottery?

Take a deep breath and take your time. You have a set amount of time to turn in your ticket, so don't run off to the lottery office first thing the next morning. Let yourself calm down, and then set to work carefully forming your team and plans before you contact the lottery officials. Protect your privacy.

How do you protect your money if you win the lottery?

What to Do After Claiming Your PrizeConsult With the Professionals You Hired. These professionals exist to help you, not the other way around. ... Pay Off Most Debts. ... Start an Emergency Fund. ... Put Away Money for Retirement. ... Diversify Your Investments. ... Set Up College Funds. ... Give to Those Less Fortunate. ... Learn to Say No.

Can I claim my lottery winnings in a trust in California?

Keep in mind, a trust cannot claim a Lottery prize. Can I Assign My Prize or Sell it to Another Party? Winners of prizes paid in installments may assign future prize payments to a third party or use their winnings as collateral for a loan.

How long does it take to get CA lottery winnings?

about 7 to 9 weeksTo collect your prize, just follow the simple claim process for the type of prize you won. After your claim is processed at Lottery Headquarters in Sacramento, you'll receive a check in the mail in about 7 to 9 weeks.

How fast do you get the money When you Win the lottery?

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 lottery cash or annuity?

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.

Can I give my family money if I win 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.

Should I hire a financial advisor if I win the lottery?

The Lotto legal department recommends that lottery winners seek out one or more of the following: a tax planner, a financial adviser, a certified public accountant and an attorney.

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.

Why is it important to hire a lawyer when you win the lottery?

A life-changing amount of money calls for sound decision-making and guidance from professionals. When you win the lottery, it can make you a target for scams and possible lawsuits . Because of this, it is important to consider hiring a lawyer. After the excitement and shock of holding the winning ticket, selecting a lawyer and asking ...

How to hire a lawyer?

Research to do before hiring a lawyer: 1 Google the lawyer before you call and see what information is available. 2 Check with the state’s licensing authority. Has the lawyer ever been disciplined? Many state licensing authorities now maintain an online database of lawyers and their disciplinary records.

Is it hard to say no to the lottery?

Winning the lottery should be a happy time. So, it might be especially hard for you to say “no.”. Pritchard explains that a good lawyer knows how to say “no” and make it stick. Also, they are a “shield” for clients.

What is an answer to a lawsuit?

Each defendant will have to respond to the lawsuit. Typically, a defendant files an “answer” with the court. In this document, a defendant admits, denies, or claims insufficient knowledge to admit or deny each allegation you made in your complaint. Your lawyer will receive the copy of each defendant’s answer.

What to do if you come to a settlement agreement?

Draft a settlement agreement. If you come to an agreement, then your lawyer should draft a settlement agreement, which you and the state representative can sign. The settlement agreement is a contract. If either party breaks the contract, then the other can sue.

What happens if a state violates an injunction?

If the state violates the injunction, then you can ask the court to hold the police officers in contempt. Under the Supreme Court case Ex Parte Young (1908), you can sue a state official in federal court for violations of federal law and get an injunction.

How to find a lawyer for a divorce?

To find a lawyer, you should contact your state or local bar association and ask for a referral. Once you get the name, call and schedule a half hour consultation. Take all of your evidence to the consultation. The lawyer will need to understand your situation fully in order to advise you properly.

Can you sue a state for personal injury?

Generally, the state is immune from lawsuits, but you can usually still sue it for personal injury or sue state employees for violating your federal constitutional rights. Gather any evidence you have of the incident, like police reports, medical records, and communications between you and state representatives.

Can you sue a state employee?

Also, you can sue state employees for violations of your federal constitutional rights. In order to sue a state government correctly, you should meet with an attorney who can advise you about the specific process. Steps.

Can you sue someone for a violation of color of law?

A 1983 claim is technically a lawsuit that you bring against a state employee and not against the state itself. However, it may be the only way that you can sue and get compensation. You can bring a section 1983 claim against someone acting under color of law who violates your federal rights.

Whose Money Is It?

The first thing that happens when many people find out there is a winning lotto ticket floating around is to think, "I wonder if any of it belongs to me?" Lottery winners are sued for a variety of reasons. And conversely, there are just as many people suing, looking for that instant fortune.

Contact an Attorney at Willis Law to Pursue or Protect Your Winnings

For any of your lottery dispute issues, we have a knowledgeable team of lottery attorneys ready to help you obtain what you deserve. It is essential to present your claim in a timely manner and protect what is rightfully yours. Our team of lotto lawyers will effectively represent your interests.

Fred T Isquith

Do not confuse probability of success with a guarantee of success. Remember, if you toss a quarter in the air the probability is that it will land on heads half the time. However the quarter could land on headsfour times in a row More

Mark William Rogers

No. You are going to have to hire an expert in lottery analysis, random sampling, and statistical probability to perform several tests and then culminate the findings into a report. But just buying some tickets and not winning is not going to get you there. It's a start to possibly lead you into more research.

Eliot M. Wolf

You first have to learn the laws of probability which do not guarantee that even with a 1 in 3.8 chance of winning, you will not go eight or ten or even twenty in a row without winning.

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.

Which states allow anonymous donations?

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.

Can you dispute custody of a ticket?

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.

What was the settlement agreement with the Lotto winner?

Creditors had a court-ordered structured settlement agreement with a lotto winner which paid the creditors a percent of lottery annuity payments. The OLC was aware of the structured settlement between the winner and the creditors. Lotto winner defaulted on her payments to creditors and creditors sue OLC for failing to make payments directly to the creditors.

Can you sue the Ohio Lottery Commission?

However, it is exceedingly rare for lottery players to sue the Ohio Lottery Commission, but it does happen. In fact, since 1975, only 88 lawsuits have been brought against the OLC, and many of those suits were unrelated to gaming. These suits must be brought in the Ohio Court of Claims, a special court set up specifically to handle claims against Ohio’s State agencies.