We’ve all seen the pictures of lottery winners holding oversized checks with oversized amounts. Unfortunately, scam artists see those pictures too, making it easy to prey on people who have just had a major cash infusion and may not have the financial acumen to help them spend it wisely.
An increasingly popular way for winners to protect themselves is to create a trust before receiving the prize, then naming a trustee representative, who collects the money instead. There’s still a photo with the comically large check, but there’s no easy way for n’er-do-wells to know who actually won the jackpot.
That’s a strategy the winner of the largest-ever prize winner in Megabucks history employed recently after winning $29.71 million — only this winner had an appreciation for the ridiculous.
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A nod to Mr. Potato Head
The money was given to the “Mr. Potato Head Trust of Springfield” on Oct. 28. Trustee Hyman Darling said the name was chosen by the winner in honor of, well, someone they know who reminded them of Mr. Potato Head. The ticket was purchased in Holyoke, Mass., and the winner took a lump sum of $19,635,669 before taxes.
The anonymous winner isn’t the first to employ this strategy. Last year, the winner of a $15 million prize, also in Holyoke, took a one-time cash payment of $9.75 million before taxes and had it claimed by the trustee of the Dublin Street Nominee Trust.
Massachusetts requires the winners of large lottery prizes to be identified, and it’s one of at least 22 states that does so (some states allow partial anonymity). Not all of those states let you bypass public disclosure with a trust or LLC, but some, including Massachusetts, will.
The loophole offers a degree of protection, but it also comes at a financial cost, as the lawyer overseeing the trust will charge fees. (Of course, when you’ve just pocketed tens of millions of dollars, you can probably afford the legal bill.)
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The downside of sudden wealth
Trusts can also help you put some limits on spending, depending on how they’re set up, which could ensure you’re able to enjoy your newfound wealth without blowing the money recklessly.
There are plenty of cautionary tales of lottery winners who found their multimillion dollar wins to be curses, rather than blessings. At the very least, it can be said that winning the lottery doesn’t always improve your life.
Take the winner of the largest Powerball jackpot in Kentucky history, which topped $167 million. He has been arrested five times since he won, most recently for public intoxication in a Walmart parking lot.
Jack Whittaker, who won $315 million in 2002, first said it seemed like a dream, but he later called it the worst thing to ever happen to him. While he tried to spread the wealth, he ended up alienating some people and losing others, including a granddaughter he was supporting.
And after William “Bud” Post III won $16.2 million in the Pennsylvania state lottery in 1988, his brother allegedly attempted to murder him by hiring a hit man.
To avoid the problems with a big cash windfall if you happen to win a future lottery, most financial advisors suggest taking the payout via an annuity, since few people are ready to handle that sum of money all at once. Experts say the best thing you can do if you win a lottery is find an experienced financial advisor to help you manage it, along with an attorney and tax expert who will all work together to protect your winnings and financial future.
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Chris Morris is a US based veteran journalist with more than 35 years of experience at many of the biggest digital news outlets. In addition to his activities as a writer, reporter and editor, Chris is also a frequent moderator and speaker at major conferences, including CES and South by Southwest.
