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Start for freeThe Importance of Anonymity When Claiming a Lottery Jackpot
Winning the lottery can be a life-changing event, but it also comes with significant risks if not handled properly. One of the most crucial aspects of claiming a large jackpot is maintaining anonymity. Kurt Panouses, an experienced lottery lawyer who has helped over 50 winners claim major prizes, emphasizes the importance of keeping your identity private:
"I'm convinced that the way to be successful in life after you've won the lottery and to have no problems is to remain anonymous. If it comes out that you've won, there will be so much pressure on you from family, friends, from people who just know of you, who want to talk to you, who want to make a request."
Panouses receives constant requests from people seeking donations or investments from his lottery-winning clients. By claiming anonymously, winners can avoid this onslaught of unwanted attention and solicitations.
Key Steps to Take After Winning
If you find yourself holding a winning lottery ticket for a major jackpot, Panouses recommends taking the following steps:
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Don't sign the back of the ticket immediately. This gives you flexibility in how you claim.
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Make copies of the front and back of the ticket.
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Take a selfie with the ticket to document when you had possession of it.
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Store the ticket in the safest place possible until claiming.
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Contact an experienced lottery lawyer before doing anything else.
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Take at least 2 weeks to properly plan before claiming, especially for large jackpots.
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Set up proper legal structures like trusts or LLCs to claim anonymously if allowed in your state.
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Have a comprehensive plan in place before stepping foot in the lottery office.
Panouses emphasizes that rushing to claim immediately is usually a mistake: "Anyone who goes in that quickly, what that tells me is they're just not a good planner. And if they're going to do it that quickly, they're probably going to be taken advantage of at some point down the road because they're not putting any time or effort into the process."
Claiming Anonymously in Different States
The rules for claiming lottery prizes anonymously vary significantly between states. Some allow winners to easily remain private, while others make it very difficult. Panouses has developed creative strategies to help clients claim anonymously even in states with strict public disclosure laws.
For example, in Michigan where winners are required to be publicly identified, Panouses was able to claim a $1 billion jackpot on behalf of a group without revealing the individual winners. He set up a complex structure involving trusts and LLCs that satisfied Michigan's rules while protecting his clients' identities.
"We went in, took care of business, came out and gave the client the check. And he was happy as could be. He didn't even have to walk in. We did all the work for him," Panouses explained.
While some states make anonymity very challenging, an experienced lottery lawyer can often find creative solutions to protect winners' privacy.
Lump Sum vs. Annuity Payments
One of the biggest decisions lottery winners face is whether to take the lump sum cash option or the annuity payments spread out over 29-30 years. Panouses says there are pros and cons to each option, but he typically recommends the lump sum for most clients.
The main advantages of the lump sum are:
- You pay taxes at current rates, which may be lower than future rates
- You have full control over the money immediately
- You avoid worries about future payments if state budgets become insolvent
- You can invest the money yourself for potentially higher returns
However, the annuity can make sense in some cases, especially for younger winners who may benefit from the forced budgeting of annual payments.
Panouses notes that the lump sum amounts have decreased significantly in recent years due to rising interest rates. While lump sums used to be 60-70% of the jackpot amount, now they are often closer to 50%.
"You know, in 2021 when I helped with a $1 billion ticket, the lump sum at that time was $760 million. Today, it's about 76%. Last week we had two big winners. One in New Jersey, I think it was, and one in Oregon. And both were billion dollar tickets. But if you looked at them, the lump sum in both cases was about $480 million, less than 50%."
This is because states can only invest the annuity funds in safe investments like 5-year treasuries, which are paying much higher interest rates now than in recent years.
Tax Considerations for Lottery Winners
Panouses, who has a background as a CPA in addition to being a lawyer, emphasizes the importance of proper tax planning for lottery winners. Some key tax considerations include:
- Federal taxes on lottery winnings are currently 37% for the highest bracket
- State taxes vary, with some states like Florida having no state income tax
- Taking the lump sum locks in current tax rates, which may increase in the future
- There is a $13 million lifetime gift/estate tax exemption that can be utilized
- Proper planning can help reduce or avoid taxes on wealth transfers to family members
Panouses warns that tax rates on high earners have been much higher historically, even reaching 90% in the 1970s. By taking the lump sum, winners protect themselves against potential future tax hikes.
He also advises winners to be strategic about using their $13 million lifetime gift tax exemption: "If we use that $13 million properly, that $13 million can be used for children and grandchildren. So there's no second tax."
Common Mistakes Lottery Winners Make
Panouses has seen many lottery winners make costly mistakes over his decades of experience. Some of the most common pitfalls include:
- Telling too many people about the win
- Quitting jobs immediately without proper planning
- Making large purchases or investments too quickly
- Giving away too much money to family and friends
- Setting up charitable foundations without proper consideration
- Using inexperienced lawyers or financial advisors
- Claiming prizes through structures that create unnecessary tax burdens
He emphasizes the importance of having a solid plan in place and sticking to it: "This is the biggest financial decision you're going to make in your lifetime. We need to have a plan. And there are no do-overs."
Adjusting to Life as a Lottery Winner
Coming into a massive sum of money overnight requires significant adjustment for most lottery winners. Panouses says many of his clients struggle initially with their newfound wealth:
"Like one of them said to me, 'Kurt, I'm learning how to be rich. I'm just learning.' You know, I was comfortable before I retired. I had everything I needed during retirement. And then all of a sudden I got this big boost."
He advises winners to ease into their new lifestyle gradually rather than making drastic changes immediately. Some ways he helps clients adjust include:
- Setting up concierge medical services for 24/7 care
- Creating trusts and LLCs to own homes and other assets privately
- Arranging private jet travel services
- Providing guidance on appropriate tipping and spending in luxury settings
- Connecting them with experienced financial advisors and accountants
Panouses emphasizes that lottery winners should still try to live within their means, even if those means are now much higher. Responsible financial management is key to preserving wealth long-term.
Advice for Lottery Players
For those who regularly play the lottery hoping for a big win, Panouses offers the following advice:
- Don't overspend on tickets, especially when jackpots get very large
- There's no real advantage to choosing your own numbers vs. quick picks
- Playing allows people to dream, but don't let it consume you
- Have a plan in place for what you'd do if you actually won
- If you do win, stay grounded and don't change who you are as a person
He notes that while some of his clients have won multiple times, one was spending $75,000 per year on tickets. Panouses cautions against this level of spending for most people.
Ultimately, he says lottery players should "Do it with responsibility. And if you happen to win, you know, just stay yourself. Don't change."
Finding the Right Lottery Lawyer
If you do win a major lottery prize, Panouses stresses the importance of finding an experienced lottery lawyer to guide you through the process. He recommends looking for someone with:
- A track record of helping multiple lottery winners
- Knowledge of the specific laws in your state
- Experience with tax planning and wealth management
- The ability to keep your identity private
- A focus on lottery law rather than just general practice
He cautions against using lawyers who treat lottery winnings like personal injury cases or only focus on the initial claiming process. The right lawyer should have a comprehensive plan for protecting your wealth long-term.
Panouses concludes: "Get the right group behind you or have somebody who knows how to put the group in place. And just try not to talk about it because that's how you're going to get in trouble and become a target."
By following this advice and working with experienced professionals, lottery winners can protect their privacy, preserve their wealth, and set themselves up for long-term success and happiness.
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