If you win the lottery, the first lawyer to call is a trusts and estates attorney, ideally one whose practice emphasizes asset protection and high-net-worth planning. This is the specialty built around the problems a sudden jackpot creates: shielding the money, structuring how you claim it, keeping your name private where the law allows, and making sure the IRS collects only what it’s actually owed. Hire this lawyer before you sign the back of the ticket, not after.
Why This Specialty and Not Another
Trusts and estates attorneys create legal structures that protect assets, minimize taxes, and control how wealth passes to the next generation. That skill set lines up almost exactly with what a lottery winner needs in the first few weeks: a claiming vehicle, a tax strategy, and a plan for the people who will come asking for money.
Not every estate planning lawyer is the right fit. A general practitioner focuses mainly on what happens to your assets after you die. An asset protection specialist also handles threats while you’re alive: creditor claims, divorce exposure, lawsuits, and aggressive solicitation. Look for someone who has advised clients through sudden wealth events, whether a jackpot, inheritance, or business sale. The mistakes lottery winners make tend to happen early, and a lawyer who has seen this before knows which decisions cannot wait.
What the Lawyer Does Before You Claim the Prize
Depending on the state, you have anywhere from 90 days to a full year to file your claim. There is almost no reason to rush. Your attorney needs that window to put the right pieces in place.
Handling the Ticket
The ticket goes into a secure location like a bank safe deposit box. Before you sign the back, talk to your lawyer. Most states require a signature to prove ownership, but once you sign in your personal name, some states will not let you transfer the ticket to a trust or LLC for claiming. Getting the sequence wrong can lock you out of anonymity protections you would otherwise qualify for.
Setting Up a Claiming Entity
About 23 states now allow lottery winners to remain anonymous in some form, and the rules vary. Some grant anonymity automatically above a certain prize threshold. Others only allow it if you claim through a trust or limited liability company. In states without those protections, your name becomes public record the moment you file.
Where the law permits, your attorney will set up a blind trust or LLC before you walk into the lottery commission. The entity’s name, not yours, appears on the claim and in any public records. A third-party trustee manages the assets, and the trust document controls how money flows to you and your beneficiaries. The wall this creates matters more than most people expect. Winners whose names go public report an immediate flood of solicitation, scam attempts, and requests from people they have not spoken to in years.
Reading the Commission’s Rules in Advance
Your lawyer will pull the lottery commission’s claim procedures for your state, review every piece of required paperwork, and walk the process with you before claim day. If you’re claiming through a trust, the commission may require specific documentation proving the entity is valid and the trustee is authorized to act. That is on your lawyer to produce.
The Big Decisions Your Lawyer Will Walk You Through
Lump Sum or Annuity
You’ll have to choose between a single lump sum and an annuity paid out over 25 to 30 years. The lump sum typically equals roughly 40% to 50% of the advertised jackpot and gives you immediate control of the full amount, at the cost of taking the entire tax hit at once. The annuity spreads payments across decades and can mean lower annual tax bills, but if you die mid-schedule, the IRS may assess estate tax on the present value of all remaining payments at once. Your attorney will model both against your age, family situation, and goals before you commit.
Giving Money to Family and Friends
This is where winners get into trouble fastest. In 2026, you can give up to $19,000 per recipient per year without filing a gift tax return. Anything above that eats into your lifetime estate and gift tax exemption, which currently sits at $15,000,000 per person under the One, Big, Beautiful Bill Act signed into law in 2025.1Internal Revenue Service. What’s New — Estate and Gift Tax A $200 million jackpot can burn through that exemption quickly if you’re writing seven-figure checks to siblings, parents, and childhood friends. Once the exemption is exhausted, gifts are taxed at 40%. Your lawyer can structure larger transfers through trusts that preserve the tax-free room you have.
If you won as part of an office or friend pool, documentation is critical. Each member should be identified before the ticket is claimed, with a written agreement spelling out each share. Without it, the IRS may treat the full prize as belonging to the person who turned in the ticket, creating a massive gift tax liability when you try to divide the money afterward.
Protecting the Winnings Inside a Marriage
Lottery winnings received during a marriage are generally treated as marital or community property, regardless of which spouse bought the ticket. Community property states tend to view the winnings as jointly owned from the moment of purchase; equitable distribution states weigh factors like each spouse’s contributions. A postnuptial agreement drafted after the win can designate the winnings as one spouse’s separate property, and courts typically uphold these when both spouses entered voluntarily, made full financial disclosure, and the terms are not grossly unfair. Your trusts and estates attorney may bring in a family law specialist to make sure the agreement will stand up in your state.
The Rest of the Team Your Lawyer Will Coordinate
Your attorney leads the effort, but two other professionals are non-negotiable.
A CPA Who Works With High-Net-Worth Clients
The lottery commission will withhold 24% of any prize over $5,000 before paying you.2Office of the Law Revision Counsel. 26 U.S. Code 3402 – Income Tax Collected at Source That is a prepayment, not your final tax bill. Most of your winnings will land in the top federal marginal rate of 37%, which in 2026 applies to income above $640,600 for single filers and $768,700 for married couples filing jointly.3Internal Revenue Service. IRS Releases Tax Inflation Adjustments for Tax Year 2026 Most states add their own income tax on top, ranging from zero up to about 10.9%. A CPA handles the quarterly estimated payments, coordinates with the trust structure your lawyer builds, and manages ongoing tax planning in the years after the initial claim.
A Fee-Only Certified Financial Planner
The CFP builds the long-term investment and spending strategy. Making the money last is harder than it sounds; winners who spend without a plan have exhausted even enormous prizes within a decade. The CFP sets allocation, withdrawal rate, and a spending plan calibrated to your goals, and coordinates with the CPA on tax-efficient investing.
Security, If Your Name Goes Public
If anonymity is not available in your state, physical and digital security become part of the plan. The American College of Trust and Estate Counsel recommends arranging security for the claiming process itself and ongoing protection for your family afterward.4The American College of Trust and Estate Counsel (ACTEC). Steps to Take After Winning the Lottery A home security system, new phone numbers and email addresses, and a cleanup of your social media are standard. Some winners hire a communications firm to manage their public footprint.
How to Find the Right Attorney
Start with your state bar association’s referral service, and ask specifically for attorneys who handle high-net-worth estate planning and asset protection. Private bankers, CPAs, and financial advisors who already serve wealthy clients can also point you to experienced lawyers. You want someone who has handled sudden-wealth situations, not just routine wills and powers of attorney.
Interview at least two or three candidates. Ask direct questions. How many lottery winners or sudden-wealth clients have you advised? What claiming entity would you recommend in this state, and why? How do you coordinate with CPAs and financial planners? What’s the fee structure? Most trusts and estates attorneys charge either hourly or a flat fee for specific work like creating a trust. Get the number up front and ask what the full engagement is likely to cost.
Technical qualifications are the floor. The person you hire will know more about your finances than almost anyone else in your life, so you also want someone whose judgment you trust, who speaks plainly, and who will tell you when your plan to buy your cousin a house has consequences you haven’t considered. Pick accordingly.