if i win lottery what type of attorney should i get

by Brianne D'Amore Jr. 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.

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.Apr 30, 2022

Full Answer

Do lawyers specialize in lottery winnings?

Fortunately, lawyers who specialize in lottery winnings do exist, and you’ve got some excellent choices to pick from. But wait a minute, how much do lottery lawyers cost? 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.

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.

What should I do if I win the lottery?

For the lucky winner, here's a checklist of things to do: 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.

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.

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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.

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...

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.

How do you handle a large lottery win?

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.

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.

How long after winning the 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.

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.

Why do lottery winners go broke?

One of the main reasons why lotto winners lose money and run into debt is due to their tax obligations. While some places will exempt lottery winnings from tax, the majority of countries will tax the prize money like any other earnings. This could mean paying income taxes as high as 40-45%.

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:

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.

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.

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 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.

1. HIRING A TAX ATTORNEY

If you win the lottery in the US, the very first decision you’ll need to make is how to collect your winnings. Will you take a lump sum or yearly instalments spread out over several decades? Both options come with different tax implications that affect the amount of money you will receive in the end.

2. CREATING A LOTTERY TRUST

Most financial experts recommend setting up a lottery trust with a lawyer before you even think about collecting your winnings. Maintaining anonymity after winning the lottery is a major concern and is the primary way to protect yourself and your money.

3. PLANNING YOUR ESTATE

Wealthy people have complex assets that need serious planning for the future. An estate planning lawyer can ensure a smooth transition of wealth and minimize legal and tax costs for your heirs.

4. FIGHTING LAWSUITS

Despite their best efforts, lottery winners are frequently targeted by scammers who are after their money. Hopefully, you’ve followed lottery experts’ advice to remain anonymous, which should reduce the target on your back.

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