10 Things To Do When You Win The Lottery
Gallery: 10 Steps To Take When You Win A Lottery Jackpot
Editor’s note: This post was updated on January 12th, 2016, to reflect the current $1.5 billion Powerball jackpot and the 2016 lifetime exemption from estate and gift taxes.
The jackpot for tomorrow’s Powerball drawing has hit $1.5 billion. If you win it, you won’t ever have to worry about money again–right?
With good money management you–and your heirs–could live handsomely for many, many years. But from the moment that you claim that prize, you will be descended upon by vultures who want a hefty helping of those winnings. And if you didn’t have smart money habits up until now, you could easily turn out to be your own worst enemy by quickly squandering the fortune. (See my post, “Thieves And Forgers Rush In Where Big Spenders Dare To Tread.”)
The first precautionary step you should take between now and the drawing is to sign the back of the ticket, says Carolyn Hapeman, a spokeswoman for The New York Lottery. A lottery ticket is a bearer instrument, she explains, meaning that whoever signs the ticket and presents a photo ID can claim the prize. So if you haven’t signed the ticket and it blows out of your hand while you are waiting for a bus, or if you show it to a buddy in a bar and accidentally leave it on the counter, you’ve lost the loot.
Here are some steps to help you steer clear of additional risks. Most of them work well for other windfalls too–for example with sudden wealth that comes from an inheritance or the sale of a business.
1. Remain anonymous if your state rules permit it. Once people know you’re suddenly wealthy, you’ll be badgered by requests for handouts from everyone from charities to long-lost friends and relatives–not to mention all the financial “experts” who will be vying for your business. So check state rules to see whether you can dodge them all by remaining anonymous.
Rules on winner publicity vary by state. In New York, for example, winners’ names are a public record. Elsewhere it may be possible to maintain your anonymity by setting up a trust or limited liability company to receive the winnings, says Beth C. Gamel, a CPA with Pillar Financial Advisors in Waltham, MA. A client of Gamel’s who won a past lottery did that, and had a lawyer claim the prize on behalf of of the trust. In South Carolina, it’s also possible to remain anonymous.
Depending on where you bought the ticket, prize winners have between 180 days and one year from the date of the drawing to claim their prize. So find out what the state rules are and plot a course.
2. See a tax pro before you cash the ticket. You have the choice between taking the prize money all at once or having it paid out in 30 installments over 29 years in the form of an annuity. With a lump sum payment, you must immediately pay tax on the entire amount, says Michael A. Kirsh, a financial planner in New York. With an annuity, you are taxed only as you receive the payments. People who have trouble controlling their spending might prefer the discipline of receiving the money as an annuity. But this payout form has other drawbacks, Kirsh notes. You will want to compare the effective yield of the annuity with what you could earn by taking the money as a lump sum, paying the taxes and investing the proceeds.
Another issue to consider is whether taking an annuity will leave your family without the cash they need to pay estate tax if you die before the 30-year period is up, Kirsh says. In such situations people typically buy life insurance policies to cover the estate tax bill. (Powerball also says in its FAQs that it will cash out an annuity prize for an estate.)
You have 60 days from the time you claim your lottery prize to weigh the pros and cons. During this time, ask advisors to crunch the numbers and help you decide which type of payment suits you best.
3. Avoid sudden lifestyle changes. For the first six months after you win the lottery, don’t do anything drastic, like quitting your job, buying a home in Europe, trading up for a luxury car or building a collection of Birkin handbags. Meanwhile, set aside a fixed amount for splurges—it’s only natural to want to celebrate your windfall.
Save the big purchases for later. For example, you could rent a house in the neighborhood where you were thinking of moving, before you make any commitments, says Guerdon Ely, a financial planner in Chico, Calif. If you need a new car, buy a budget model for now.
4. Pay off all your debts. As I wrote in my post, “The Best Investment Advice I Ever Received,” there is no better investment than paying off debts. Whether it is credit card debt or a mortgage, your rate of return equals the interest rate on the loan. With today’s abysmal yields on relatively secure investments like CDs and Treasurys, that’s especially true. When you’ve paid down a dollar of debt, that’s a dollar you no longer owe. When you invest a dollar, you can’t be sure whether it will grow or shrink.
5. Assemble a team of legal and financial advisers. In situations like this it’s very hard to know “who’s trying to help you and who’s trying to use you,” says Ely. Rather than signing on to a group of advisors that someone else has put together, he recommends handpicking your own lawyer, accountant and investment advisor, and requiring them to work together.
Carefully vet each advisor before discussing your situation. Check broker records at the Financial Industry Regulatory Authority. For attorneys and insurance agents, see whether there have been any complaints filed with state disciplinary authorities.
If you live in a small community and don’t want lawyers there to know your business, seek out a professional in the nearest large city. Names can be found on martindale.com, the nationwide lawyers’ directory that you can search by location and area of practice, and on the Web site of the American College of Trust and Estate Counsel, a group of trust and estate lawyers.
In effect, the team you put together will function as your board of directors, Ely says. You can start by having a fee-only advisor put together a long-term financial plan and running it by the group for comment. Once you’ve decided on a plan, they can provide checks and balances on each other. You can ask one of them to serve as quarterback, coordinating the group effort. That person can also play the “bad guy,” declining requests from people or organizations for gifts that you don’t want to make.
6. Invest prudently. Ely recommends putting the money in safe, short-term investments and not even touching it for the first six months. Then ask your advisors is to put together an investment portfolio divided half-and-half between equities (such as stocks) and fixed income (like bonds). Don’t fall for investments that you don’t understand or that sound too good to be true.
7. Live within a budget. Especially if you’re not accustomed to having a lot of money, it may take some discipline to preserve your winnings and not go on a wild spending spree. One way to restrain yourself is to only spend income–not principal. Especially in today’s investment world, “It takes a lot of principal to generate income and once you start spending principal, the principal quickly dissipates,” says Dennis I. Belcher, a lawyer with McGuireWoods in Richmond VA.
8. Take steps to protect assets. People who are worth a lot of money need to guard against losing assets to creditors. They include everyone from disgruntled spouses and ex-spouses to people who win lawsuits against you. If people think you have deep pockets they may look for reasons to sue. “If you win the Powerball, everyone’s going to be laying in front of your car so you can run over them so they can sue you,” says Ely. It’s prudent to ensure you are not an easy target.
The best defense is to erect a variety of roadblocks that make it difficult, if not impossible, for creditors to reach your money and property. These asset protection strategies, as they are called, can range from relying on state-law exemptions to creating multiple barriers through the use of trusts and family limited partnerships or limited liability companies. It may be possible to rely on a variety of strategies, either separately or in combination with each other.
9. Plan charitable gifts. You can offset one of the additional income from your lottery winnings (or the annuity payments if you take it that way) with an annual charitable deduction. For gifts to a public charity, donors are entitled to an income tax deduction for up to 50% of adjusted gross income (AGI) for cash contributions and up to 30% for donations of other appreciated assets held more than 12 months.
If you are take the $1.5 billion prize in a $930 million lump sum, and are unable to decide between now and year-end which charities to support, it may be worth considering a donor-advised fund. With a donor-advised fund, you can make a charitable donation this year and claim a federal tax deduction for your irrevocable contribution but postpone recommendations about which charities should receive grants from the account until some time in the future. If you don’t want to be badgered by requests, see my post, “How To Stay Anonymous When You Give To Charity.”
10. Review your estate plan. If your winnings have made you suddenly wealthy, this may be the first time that you need to plan for estate tax. The 2012 tax law offers more flexibility than ever before. As of 2016, each person has a $5.45 million limit on tax-free transfers, which can be applied during life, when you die or some combination of the two. So if you want to share some of your largess with family and friends, this is the ideal time to do that. For details, see my posts, “6 Ways To Give Family And Friends Financial Aid” and “Give Your Estate Plan a Checkup.”
I’m a financial journalist and author with experience as a lawyer, speaker and entrepreneur. As a senior editor at Forbes, I have covered the broad range of topics that…
I’m a financial journalist and author with experience as a lawyer, speaker and entrepreneur. As a senior editor at Forbes, I have covered the broad range of topics that affect boomers as they approach retirement age. That means everything from financial strategies and investment scams to working and living better as we get older. My most recent book is Estate Planning Smarts — a guide for baby boomers and their parents. If you have story ideas or tips, please e-mail me at: deborah [at] estateplanningsmarts [dot] com. You can also follow me on Twitter
If you didn’t have smart money habits up until now, you could quickly squander the fortune.
The Lottery: Is It Ever Worth Playing?
Feeling lucky? You’d better be if you play the lottery. Depending on which one you play, you have some pretty long odds.
For example, the odds of winning a recent Powerball drawing in Tennessee was 1 in 292.2 million. To put this in perspective, you have a:
- One in 2,320,000 chance of being killed by lightning
- One in 3,441,325 chance of dying after coming into contact with a venomous animal or plant
- One in 10 million chance of being struck by falling airplane parts
Most people would agree the risk of any of these events actually happening to them is pretty slim.
Let’s look at it another way. Assume you went to the largest stadium in the world—which happens to be in North Korea. The stadium was filled to capacity. As part of the price of your ticket, you were entered into a lottery where you could win a new car. In that case, your odds of winning are 1 in 150,000.
Would you be sitting on the edge of your seat in that stadium as they’re reading the ticket number or would you believe that, realistically, you’re not going to win? To equal the odds of winning the Powerball lottery, you would have to fill that same stadium to capacity 1,947 more times and put all of those people together and have the same drawing for the one car. Would anybody believe they could actually win in a crowd of people that large?
Still not convinced? If they were giving away a new home to just one person and everybody in the six most populated states in the United States entered, that would equal your chances of winning the lottery.
The largest lottery jackpot that was ever drawn in U.S. history—for Powerball in January 2016.
Of course, someone has to win the lottery, and the only way to win it is to be in it, as the ads say. But what’s the best way to be in it? The rules of probability dictate you do not increase your odds of winning the lottery by playing frequently. So each time you play the lottery, there is independent probability—much like a coin toss where each and every toss, regardless of the number of tosses, has a one in two probability of landing on heads. The odds stay the same—in the lottery and the coin toss—regardless of the frequency of playing.
You can, however, increase your odds by purchasing more tickets for the same lottery drawing. Keep in mind, though, that two tickets might increase your odds from one in 14 million to two in 14 million, which is not a significant improvement, statistically speaking. Someone would have to buy a lot of tickets to appreciably increase their odds of winning. Even if a person could afford to, however, they could not buy enough lottery tickets to guarantee a win unless they were the only person buying the tickets. As more tickets are collectively sold, the odds of winning inversely decrease.
- Your chances of winning the lottery are remote.
- The odds of winning the lottery do not increase by playing frequently, rather, you’d do better by purchasing more tickets for the same drawing.
- Although there is no guarantee in the stock market, the likelihood of getting a return on your investment is far better than your chances of winning the lottery.
- Lottery winners have the option to take their cash in one lump sum or by spreading it out over a number of years through annuities.
- There are tax implications for both, although, in the end, an annuity tends to have a greater tax advantage.
Who Plays the Lottery?
The chances of winning the lottery are exceedingly remote, but that doesn’t stop people from playing. Overall, approximately half of all U.S. adults collectively will spend upwards of $1,000 per month in the hopes of striking it rich. Time and again, when a lottery was introduced in a state, the local number of adults who engaged in gambling (which a lottery technically is) increased 40%. In certain states, the majority of lottery revenue comes from a small percentage of players. A Minnesota study, for instance, determined that 20% of its lottery players accounted for 71% of lottery income, and in Pennsylvania, 29% of players accounted for 79% of income, according to the most recent statistics from the North American Association of State and Provincial Lotteries (NASPL).
So what? The lottery is just one of those fun things that we do as a way to strike it rich, right? For some folks, that’s true, but for others—often those with the least amount of money to spare—playing for these jackpots can be a serious income drainer. An overwhelming amount of lottery participants seem to reside in the lower economic classes, according to the stats. A Gallup study breaks down some statistics, noting that regular lottery players make approximately $36,000 to $89,999. Small wonder that consumer-finance gurus say the lottery is essentially an extra tax on the poor.
Lottery retailers collect commissions on the tickets they sell and also cash in when they sell a winning ticket, usually in the form of an award or bonus.
Gambling vs. Investing
A curious headline was placed on the homepage of the Mega Millions website on March 25, 2011, a day when the odds of winning flew up to 1 in 175 million. The headline read, “Save for Retirement.” Anti-gambling groups cried foul at this apparent attempt to spin the lottery as a means to fund a person’s post-work years and lottery officials quickly issued a statement saying they were running a campaign encouraging people to dream about how they would use their winnings—not offering a financial strategy.
Is there a better, more profitable, way to spend or invest the money you’d otherwise devote to the lottery? Let’s look at the numbers. If a person spends $5 per week on lottery tickets, it adds up to $260 per year. Over 20 years (a typical long-term investment horizon for stocks and bonds), the total spent on lottery tickets would be $5,200. Putting $260 per year into stocks earning approximately 7% annually (based on equities’ historical performance) yields $11,015 after 20 years. But if you just spent the money on lottery tickets and presumably won nothing, you would be out $5,200 after 20 years.
Of course, the stock market is never a sure thing. Stocks can depreciate as well as appreciate. So let’s try a more cautious estimate. Consider a person without a college degree who spent an average of $250 per year purchasing lottery tickets. If that same person were to start an individual retirement account (IRA) or another retirement account that earned a conservative average 4% annual return and contributed that same $250 to it per year for 30 years, they would have $15,392 once they reached retirement age. If they did the same thing for 40 years, that number would jump to more than $25,000.
Although some would argue that in today’s economy there is no way to guarantee that the money would earn 4%, there’s also no guarantee that it wouldn’t earn far more than 4%. But all of that aside, the odds of having $15,000 after 30 years are largely in the person’s favor; certainly more so than with the Powerball lottery’s 292-million-to-1 odds.
Lump Sum or Annuity?
Let’s say, despite the dismal odds, you do win the lottery, and you win big—six figures big. You’re going to face a lot of decisions, and the first one is how to receive the funds. With most lotteries, you get a choice: they can write you a check for the lump sum amount or you can receive it in the form of an annuity.
The lump sum is a single cash transfer, whereas the annuity is a series of annual payments (often spread out over 20 to 30 years). Unlike some annuities that end when you do, this is something called an annuity certain: the payouts will continue for the set term of years, so if you pass away, you can bequeath those payments to whomever you would like. Which should you take?
Only six states allow winners to remain anonymous, while three others allow them to collect winnings through an LLC.
The Case for Lump Sum Payment
Most lottery winners opt for a lump sum payment. They want all of the money immediately. That is the main advantage of a lump sum: full and complete access to the funds. Not only do individuals like that, but their newly acquired giant team of accountants, financial advisors, money managers, and estate lawyers do too—the more assets under management, the better, especially if their compensation is based on a percentage of those assets.
Taking a lump sum could also be the better course if, not to be morbid, the winner isn’t likely to live long enough to collect decades of payouts, and has no heirs to be provided for.
Tax Advantage: Annuity
You may be in a better income tax position if you receive the proceeds over several years via an annuity rather than up front. Why? Lottery wins are subject to income tax (both federal and state, except for the few states that don’t tax winnings) in the year you receive the money. Say you win a $10 million jackpot. If you take the lump sum option, the entire sum is subject to income tax that year. However, if you choose the annuity option, the payments would come to you over several decades, and so would their tax bill. For example, in a 30-year payout schedule, instead of $10 million all in one year, you’d get around $333,000 a year. Although that $333,000 would be subject to income tax, it could keep you out of the highest state and federal income tax brackets.
But even if you pay the taxes all at once, it’s roughly the same as paying them over time, isn’t it? Not according to the experts.
If you choose the annuity option, the government takes your winnings and invests them for you—most likely in boring, yet highly stable Treasury bonds. Usually, when you invest, you pay taxes, but when the government invests they do so free of all tax obligations. So, over 30 years, not only are you getting a monthly payment on your winnings, but you’re also earning investment income on them.
Let’s say you opted for annuity payments on a $327.8 million prize, and you’re invested in a 30-year government bond paying 4.5% interest. In your first year, you’ll earn an estimated $14,715,000 in interest. By the end of the 20 years, your winnings would be 20% higher than when you started. All you have to do is submit to having somewhere around $900,000 as a monthly payment after taxes—assuming you’re in the maximum federal tax bracket.
Here’s the other advantage: If you take the lump sum, you effectively have to pay taxes twice—once when you get the check and then again on the income you earn from investing it yourself (you will invest most of it, right?). If the government invests it, you only pay a tax bill once (on the annuity checks).
Other Advantages to Annuities
But perhaps the biggest argument for taking the annuity is more intangible—to protect you from yourself. A six-figure windfall is a life-changing event, and not necessarily a good one. Most people are inexperienced at managing such sums to begin with, but even the wisest and coolest of heads could lose perspective, especially given the avalanche of friends, family, and even strangers that descends once the news gets out, pleading or even demanding a share of the spoils. Academics cite research showing most lottery winners will save only 16 cents of every dollar they win and that one-third of lottery winners go bankrupt.
An annuity can help, by literally limiting the funds in your possession. After all, you can’t give away, squander, or otherwise mishandle what you don’t have. Plus, taking the money over time provides you with a “do-over” card. By receiving a check every year, even if things go badly the first year, you will have many more chances to learn from mistakes, recoup losses, and handle your affairs better.
Inheritance factors are generally free standing but there can be some considerations where lottery inheritance is involved. Taxes are generally withheld from lottery distributions at the time they are paid out. If payments are made in a lump sum, the inheritance can be passed along tax free since inheritance gifts are generally not taxed. If the payments are still coming in as an annuity, taxes will be withheld. As in all inheritance scenarios some estate taxes may be required if values exceed the exclusion limit. Since lottery winnings push many people into the high net worth category, estate taxes may be a factor. This can be a challenge if the heirs do not have the cash on hand to do so. In some states Powerball will convert annuities to lump sums upon death to help better manage any tax burdens.
The Bottom Line
If you ever do win the lottery, you will want to work with your financial advisor, tax attorney, and certified public accountant to determine which option is best for you—taking the winnings all at once or in annuitized payments over decades. As a rule of thumb, if you and your money-management team think they can invest to earn an annual return of more than 3% to 4%, the lump sum option makes more sense over the annuity, at the end of 30 years.
Many people see purchasing lottery tickets as a low-risk investment. Where else can you “invest” $1 or $2 for the opportunity to win hundreds of millions of dollars? The risk-to-reward ratio is certainly appealing, even if the odds of winning are remarkably small. Is it better then, to play the lottery or invest the funds? There is no universally correct answer. Much of it depends on what money is being spent. If it is needed for retirement or the kids’ college, it may make more sense to invest—a payoff is more certain down the road, even if it doesn’t amount to a sexy six-figure check. If, however, the money is tagged for entertainment, and you would have spent it seeing the latest movie anyway, it might be fun to take the chance. Keeping in mind, of course, that you are more likely to die from a snake bite than to ever collect.
Is it ever worth playing the lottery? Discover the probability of winning and the best way to collect the funds if you happen to win.