what kind of lawyer should i hire if i win the lottery

by Amara Aufderhar 5 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

Do I need a lawyer to win the lottery?

 · What Lawyer Types Should Lottery Winners Hire? 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. Here are the common areas of specialization for lottery lawyers: Tax experts. You’ll need to pay different taxes after winning the jackpot.

Who can help lottery winners?

 · 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. If that isn't possible, at least look for ones who work in the same firm.

Who should I hire to validate my lottery ticket?

 · 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.

Should you hire a lawyer to become a millionaire?

A lawyer who has knowledge of the lottery system and other financial areas will be well versed in what documentation is necessary to protect yourself and your beneficiaries. They can also give you sound legal advice on what other measures would be beneficial to take.

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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.

What kind of trust is best for lottery winnings?

Irrevocable trustsIrrevocable 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 can I hide my identity after winning the lottery?

Right now only seven states allow lottery winners to maintain their anonymity: Delaware, Kansas, Maryland, North Dakota, Texas, Ohio and South Carolina. And six states also allow people to form a trust to claim prize money anonymously. California entirely forbids lottery winners to remain anonymous.

Should I get an accountant if I win the lottery?

Evans said a critical first step after winning a major lottery jackpot is to contact a certified public accountant, but hiring an attorney and a financial adviser should be next on the checklist.

Is it better to take a lump sum or annuity for lottery?

Many lottery winners end up taking the lump sum and spending all their money in a few years. Taking the annuity option gives yourself time to figure out how you want to manage your money, and protects you against yourself as well as anyone who might take advantage of you.

What is a blind trust for lottery winnings?

Blind trusts are legal asset management structures that can help lottery winners control their money earned and maintain a certain level of privacy. In 2010, the $261.6 million Powerball Lottery jackpot went unclaimed for a month until an attorney showed up to claim the prize on behalf of his anonymous client.

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.

Would you tell people you won the lottery?

"Don't announce to strangers or extended friends and family that you've won — at least not right away." Keeping things private will help you avoid being bombarded with requests for money or unsolicited advice on how to use your earnings.

What do lottery winners do with their money?

Many lottery winners wisely consult with attorneys, accountants, and financial planners before spending one cent of their winnings. These winners typically make sound investments, donate generously to good charitable causes, and use their prize money to ensure the financial security of their families.

How are taxes calculated on winnings?

The tax rate will be determined by your income. So, for instance, if you make $42,000 annually and file as single, your federal tax rate is 22%. If you win $1,000, your total income is $43,000, and your tax rate is still 22%. It's conceivable that winning a large amount could bump your income into a higher tax bracket.

What is the federal tax rate on lottery winnings?

25%Before you see a dollar of lottery winnings, the IRS will take 25%. Up to an additional 13% could be withheld in state and local taxes, depending on where you live. Still, you'll probably owe more when taxes are due, since the top federal tax rate is 37%.

Does winning the lottery change your life?

Life after winning the lottery may not stay glamorous forever. 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.

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.

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.

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.

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 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.

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.

Do lottery winners need a lawyer?

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.

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.

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.

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.

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:

Is fantasy all you get?

Fantasy is all you are going to get unless you beat the nearly impossible 1 in 292,201,338 odds. A few years ago, even the “Powerball people,” (whoever they are) realized that fantasy sells and decided to make it harder to win. They increased the amount of numbers to pick from to engineer bigger jackpots. People didn’t merely fantasize on being a millionaire, but rolling like Trump in the billionaire class.

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.

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.

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.

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.

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.

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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