why get a lawyer after winning the lottery

by Ms. Litzy Stehr 8 min read

Why do you need a lottery lawyer?

 · Lottery winners are more likely to declare bankruptcy. Getting a large sum of money is exciting, especially if you’ve never had a lot of it before. However, lottery winners often lose track of their money and end up filing for bankruptcy. This is why lottery winners will need both an accountant and a lawyer. Your accountant keeps track of all your money and tells you …

Who is the go-to attorney for lottery winners?

Why Should You Hire a Lawyer When You Win the Lottery? Taxes. While we would love to think that if we win 20 million dollars that we would be handed over that exact amount, we... Your Identity. We have all seen the news stories: Local Woman Wins Big Earnings at Her Nearby Gas Station. It is no... ...

Who can help lottery winners?

 · 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.

Who should you hire first if you win the lottery?

 · A lottery lawyer can help the winner to determine whether a trust is beneficial for the winner and if so, they can help set it up! Winning a lottery is not something you experience on a routine basis, hence, most of the lottery winners are inexperienced. New lottery winners have to make decisions like whether to take a lump sum or an annuity payout.

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How do I hide after winning the lottery?

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 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.

Does winning lottery affect Social Security?

Lottery winnings do not affect Social Security disability income (SSDI), but it can reduce or eliminate any Supplemental Security Income (SSI).

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.

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.

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.

How do you create a lottery trust?

Set up a trust. Speak with your estate lawyer about setting up a revocable trust to which you can make changes as needed. Retrieve the lottery ticket and have the trustee sign the name of the trust on the back. Lock it up again.

How long does it take to set up a trust?

Provided all parties (i.e. trustees and settlor) are available and agreeable to set up the family trust, it's a quick process to legally establish the trust. It's possible to set up a family trust within 1-2 business days in normal circumstances which includes an allowance for taxation and legal advice to be sought.

Can you give away lottery winnings tax free?

Essentially, there is no limit to the amount of lottery winnings you can gift to a family member. This relates to the general rule that you can gift however much money you like. That said, any amount of money gifted that's above your annual allowances could be subject to inheritance tax.

Why do lottery winners take lump sum?

The advantage of a lump sum is certainty — the lottery winnings will be subjected to current federal and state taxes as they exist at the time the money is won. Once taxed, the money can be spent or invested as the winner sees fit.

What disqualifies you from winning the lottery?

No individual, including a convicted felon, can claim Lottery winnings if they are under 18 years of age or engage in fraud to win the Lottery. When a Lottery winner completes a claim form, they declare under penalty of perjury under California state law that they are the rightful owner of the ticket noted on the form.

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 Is a Lottery Lawyer?

Big lottery winners may feel overwhelmed by the number of decisions they have to make before they even claim a jackpot. To make things even more confusing, each state that participates in the lottery has its own procedures for claiming a prize and for minimizing tax liability. That's why a lawyer's help really comes in handy.

What Lottery Lawyers Do for Jackpot Winners

If you've just won a bundle of cash, you might balk at giving a big chunk of it to a lawyer right off the bat. However, hiring a good lawyer really pays off in the long run. Here are some examples of what lottery lawyers do for jackpot winners:

How to Hire a Lottery Lawyer

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.

When Should You Hire a Lottery Lawyer?

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.

Factors That Reveal You Need a Lottery Lawyer

Here are some signs that tell you that you should hire a lotto attorney:

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.

Factors to Consider When Choosing a Lottery Lawyer

The process of hiring a lotto lawyer isn’t different to hiring an attorney in any other area. Investing some time and effort in finding a suitable expert is vital for your future. Check out the factors to consider during the selection process!

The Best Attorneys and Lawyers Who Specialize in Lottery Winnings

If you don’t already have an expert in mind, how about letting us suggest lawyers that specialize in lottery winnings? Check out these attorneys and pick your favorite!

How to Hire a Lottery Lawyer

Do you want to hire a professional lotto attorney? Here are the steps to take when partnering with an expert:

Lottery Lawyer Fees

The cost can vary significantly, but the services of an expert can be expensive. That means you might need to pay around $100-$150K in the first 12 months of using the attorney’s services. The good news is that you will cover all the basics during that time.

What Lottery Lawyers Do for Jackpot Winners

What services can you expect from a professional attorney? Here are some situations when you could benefit from a lawyer:

Why You Should Hire a Lawyer When You Win the Lottery

Winning the lottery can be truly life-changing. We're talking about sums of money that most people can only dream about. If you aren't careful, you can very well end up losing all your winnings, and even go into debt!

What type of lawyer handles lottery winnings?

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.

Lottery Lawyer Fees

The short answer is that it varies, but typically, you can expect to pay upwards of $100,000 for everything you'll need during that first year after winning the lottery. After that, you might not need their services as much, so you can expect the costs to go down.

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.

The Best Attorneys and Lawyers Who Specialize in Lottery Winnings

Take a look at some of the best lottery lawyers that we recommend. They all have plenty of experience working with lottery winners and are ideal candidates to helm your team of advisers.

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 15 minutes of fame good?

15 minutes of fame is great, but you will have people coming out of the woodwork and your name will be all over. You may (and likely will) regret that in months or years down the road. It is more trouble than it’s worth going public if you can help it. Certain Lottery Commissions will not release the winnings until a press conference is completed, while others give more consideration to the winner’s desire to remain outside of a fishbowl.

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.

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.

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.

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