why would you need a lawyer if you win the lottery

Full Answer

What can a lottery lawyer do for You?

A lottery lawyer will also refer you the other professionals who can round out your team of advisers. Finally, they can help you plan your estate to ensure that your family is protected. One thing to keep in mind: While a lawyer will definitely be able to offer you sound financial advice, they aren't exactly full-blown financial advisers.

Who is the go-to attorney for lottery winners?

Billed as the “go-to attorney for jackpot winners,” Jason Kurland is often called upon by the national media for lottery commentaries. Whenever jackpots reach record highs, expect him to give his 2 cents. Kurland has also represented some of the biggest winners in recent lottery history, including:

What should you do if you win the lottery?

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.

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.

How do I hide after winning the lottery?

Due to public disclosure laws, it can be difficult for a person who wins the lottery to keep her identity a secret. That said, the task isn't impossible. Anyone trying to do this should hire a lawyer as soon as possible, then set up a blind trust so that the trust can become the legal recipient of the winnings.

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 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.

Do lottery winners get security?

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.

What is the first thing to do when winning the lottery?

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.

What financial advice do lottery winners get?

Decide how much of your winnings you should spend, give away or keep and invest. Understand how the money could be used to change your life and those around you. Decide whether to repay debt. If appropriate, invest a proportion of your winnings to help you achieve your future goals and aspirations.

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 does a lottery trust work?

The Trust Deed You fund the trust by donating your lottery ticket to the trust before you claim your prize. To establish that the lottery ticket belongs to the trust, you should drawing up a document stating that you are donating your lottery ticket to the trust, and sign it.

What is irrevocable trust?

An irrevocable trust is a trust that cannot be changed/modified/altered/terminated by the grantor, once the trust deed is signed and comes into effect. Once the asset is transferred to the trust, it cannot be reversed. Therefore, the grantor, cannot exercise control over the asset.

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.

How are lottery winnings taxed?

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%.

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 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.

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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.

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 claim a lottery prize anonymously?

Turns out claiming a lottery prize anonymously is really hard. Unless you happen to live in one of six states - Delaware, Kansas, Maryland, North Dakota, Ohio and South Carolina - you are not permitted to claim the lottery prize anonymously.

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.