why consult a lawyer before claiming lottery winings

by Luis Carroll PhD 4 min read

Know this: if you win the lottery, it is highly recommended you consult with an attorney before claiming the winning ticket. This will allow you to address the various legal issues professionally and lets winning the lottery be a good thing and a nightmare. Winning the lottery presents a great opportunity to revisit your estate planning situation.

Lawyers can help their clients decide the best time to claim a prize and advise them how to keep their tickets safe until then, avoid overspending, manage their safety, and more. If you don't want to become a lottery curse victim, a lottery lawyer is a valuable ally who can help you manage your wealth safely.Apr 30, 2022

Full Answer

Should lottery winners hire a lawyer?

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. Stay anonymous, if possible. Another reason to hire a lawyer first is for help creating an entity, such as a revocable living trust or a family limited partnership that masks your personal identity.

Should you tell anyone about your lottery winnings?

Before you tell anyone about your lottery win, find out what your options for anonymity are. In some jurisdictions, you must reveal your name, place of residence, and photo when you win a Powerball jackpot and the lottery commission must relay that information to any third party who requests it.

Do lawyers get paid a percentage of the jackpot winnings?

It's not the kind of thing that an attorney would/should charge a percentage for. Let's put it this way: if you paid an attorney a percentage of the jackpot, you'd be suckered. Attorneys do work like this on an hourly rate.

Can lottery winners give away their money?

Tales of lottery winners who are broke today are often about those who won $5 million or less, not $250 million. “You can’t give that much money away,” Fenstad said, pointing out that the first $5.25 million you give your brother-in-law is free; the next $5 million will be subject to a 45 percent federal tax.

What should you do before claiming lottery winnings?

What to Do Before Claiming Your PrizeProtect Your Ticket. ... Don't Rush to Claim Your Prize. ... Don't Quit Your Job or Spread News of Your Good Fortune. ... Hire Professionals. ... Change Your Address & Go Unlisted. ... Taking the Lump-Sum Payout. ... Taking the Long-Term Payout. ... Consult With the Professionals You Hired.More items...

Why do you need an accountant if you win the lottery?

An accountant can make sure your taxes are in order year after year (more details inside). Interview several Certified Public Accountants. Remember, you will have to pay federal taxes on your win. If you plan to invest your money, do so wisely.

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...

How do you protect yourself from winning the lottery?

We talked to several professionals — including lawyers and one of the world's top blackjack players — to get their best tips.Buy your ticket in a state that doesn't require you to come forward. ... Don't tell anyone. ... Delete social media accounts (and change your phone number and address, too). ... Wear a disguise.More items...

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.

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.

How soon after winning lottery do you get the money?

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.

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.

Do lottery winners get financial advice?

Absolutely yes. It's entirely the winner's decision if they want to share news of their win. We have an aftercare programme in place to ensure that all winners have access to legal and financial advice.

Do lottery winners need security?

Experts say that protecting your identity is important when it comes to winning a large amount of money. Keeping your win quiet helps prevent long-lost friends and family, as well as strangers and scammers, from trying to get a piece of the prize.

What is a blind trust lottery?

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 do I keep my lottery winnings a secret from my husband?

After you have made sure that you are truly the winner, sign the back of the lottery ticket and then write your name in small letters below the signature. Then photocopy the back and front of the ticket and hide the original ticket in a safe place.

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 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.

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.

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.

Why do I need a lawyer?

Stay anonymous, if possible. Another reason to hire a lawyer first is for help creating an entity, such as a revocable living trust or a family limited partnership that masks your personal identity.

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.

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 to protect your 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. Get help before you claim the prize.

Do you have to choose whether to receive 30 allotments or a single payment?

Winners must choose whether to receive 30 annual allotments or a single payment, a choice that’s often made based on the tax ramifications. But since taxes are likely to be going up, it’s better to have even a lesser amount taxed at lower rates—and your annual payments are going to take a tax hit anyway.

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 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 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 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.

Who is the 1/3 of the Powerball winners?

Among his most notable clients include Maureen Smith and David Kaltschmidt. The married couple is better known as 1/3 of the winners of the $1.58 billion Powerball jackpot back in January 2016. On top of providing legal counsel, Panouses also acts as the defacto PR person for the couple.

Do lottery lawyers have to be good?

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.

What do you do when you win the lottery?

Here are six things you should do before you claim your lottery prize: 1. Sign the ticket. You want to make sure you immediately sign the winning lottery ticket. Lottery tickets are "bearer" instruments. This means that whoever holds the ticket is ...

How long do you have to wait to get a lump sum check?

It's definitely something to think about sooner rather than later, because in some states while you may have 180 days from the drawing to claim the prize, you may only have 60 days if you want a lump-sum check.

Do lottery winners get lump sums?

This will be one of the most important decisions you will make. Although a great majority of lottery winners opt to receive a lump sum payment, there are definitely some advantages (and disadvantages) in taking the payout over time.

Before You Cash In Your Winning Powerball Ticket, Do These Important Things

Here's What to Do Before You Claim Your Powerball Jackpot. Image (c) Scott Olson / Getty Images

1. Protect Your Winning Lottery Ticket

If you've just found out that you have won a Powerball jackpot, the very first thing that you should do is to sign the back of the ticket.

2. Check How Much Time You Have to Claim Your Powerball Prize

Your life is going to change as soon as you cash in your ticket, so you want to make sure that you have everything in order before that happens. To plan your time, it's important to know how long you have before you claim your prize.

3. Find Out Whether You Can Remain Anonymous

Many winners want to stay anonymous after winning the lottery. There are many advantages to anonymity. For example, you won't be pestered by people and organizations looking for money, or by journalists wanting an interview, and you'll have more control over how and when your life changes.

4. Make Yourself Harder to Contact

Many lottery curse victims said that being constantly barraged by people who wanted to ask for interviews, appearances on reality TV shows, handouts, and more turned a dream win into a nightmare. Before you have to face that kind of pressure, make yourself harder for the paparazzi to get in touch with.

5. Hire a Team of Experienced Professionals to Help You Manage Your Winnings

Before you claim your Powerball prize, you want to have a team in place who can protect you from legal problems and help you manage your money. At the very least, you are going to need a lawyer, an accountant, and a financial advisor. You're going to need help setting up trusts, protecting yourself from frivolous lawsuits, and more.

6. Think About Your Options When Claiming Your Powerball Jackpot

When you win a Powerball jackpot, you need to decide whether to receive a lump-sum or annuity payout. There is no one right answer; the correct decision depends on your personality and financial situation.