DKNetwork Logo DKNetwork Logo
Can Lottery Winnings Be Inherited?

Can Lottery Winnings Be Inherited?

Published:

By: Binay

Considering the annuity option to claim jackpot winnings from the lottery? Are lottery annuities inheritable? Let’s get some answers.

Playing lottery games like Powerball and Mega Millions is exciting. The chance to win a huge jackpot for a small wager entices millions of lotto lovers to get in on the fun. But what happens if not all lottery winnings are claimed through the annuity option and the winner passes away? Can lottery winnings be inherited?

Can You Inherit Lottery Winnings?

The dream of winning millions of dollars playing the lottery leads millions of lotto lovers to join the fun. It gives the lucky lottery winner access to significant financial resources they may not otherwise have. It can help them achieve goals and fulfill their dreams. But what happens when the lottery winner passes away? Can lottery winnings be inherited?

Lottery winners who are lucky enough to win a large amount of money can choose between taking a lump sum or an annuity for their winnings. Winners who choose the lump sum option receive the cash value of the lottery winnings as determined by the state lottery (or multistate lottery if playing Powerball or Mega Millions) at the time of winning.

Winners who choose a lump-sum payout can decide how they want the funds deposited. It’s wise to consult a lottery attorney and CPA to help set up the best way to receive the money — such as using a trust, if that’s an option — and to plan for any extra taxes beyond the initial withholding. Any remaining funds can then be included in the winner’s estate and passed on as they wish.

How Lottery Annuities Work for Inheritance

Winners who choose the annuity option will receive their winnings over a specified period with graduated payments from year to year. In the case of Powerball or Mega Millions, payments occur over 30 years. Other lottery games may offer annuity options but will be subject to state lottery rules regarding how long payments will continue.

Can you leave a lottery annuity to someone? In short, yes. Lottery winnings are inheritable under the annuity option of claiming lottery winnings. It can be a bit complicated because how the winnings can be passed on is subject to state rules for the lottery.

What Happens to Lottery Winnings After Death?

If the lottery winnings are being distributed via an annuity, a representative of the estate will need to contact the local lottery commission, let them know that the lottery winner has passed away and arrange to have the lottery payments transferred to the estate. The winnings can then be distributed according to the estate plan.

Are Lottery Annuity Payments Inheritable?

Whether lottery annuity payments can continue will be subject to the state’s rules. Depending on state rules, it might be possible that the remaining payments can be distributed in a lump sum. In other cases, the payments will continue to be distributed annually to the beneficiary named by the representative.

If the winner does not have a will, trust or estate planning documents, they should fill out a Beneficiary Designation Form with the state’s Lottery Prize Payments Annuities Desk. Filling out this form will allow the winner to name the beneficiaries in the case of their death. The winner can update these names anytime by submitting a new form. If the winner passes away without a will or this form on file, the state will distribute the remaining payments according to state lottery rules or as ordered by the probate court.

Powerball Annuities: Can They Be Passed On?

Can a Powerball annuity be inherited? Yes, like local state lottery winnings, Powerball annuities can also be passed on to beneficiaries. Powerball winnings are subject to the same rules as any other lottery annuity. Since the game is played in multiple states, the rules around how the remaining payments are distributed will be based on the state where the winnings were initially claimed.

Rules and Regulations for Inheriting Lottery Annuities

Rules and regulations surrounding the inheritance of lottery winnings will be based on the rules for the lottery in the state in which the ticket was ordered (which will be the same state where the winnings were initially distributed). So, if a beneficiary lives in New Mexico, but the winnings were originally claimed by a winner in California, lottery rules in California prevail.

If the winner sets up a trust, the state lottery will continue to make payments to the trust (or submit the lump sum remaining payment to the trust) if the winner appropriately assigns the prize money to the trust. Upon the death of the winner, the trust’s successor shall notify the lottery of the winner’s death and tell them how payment should be distributed to the trust.

In Summary

No one likes to think about the end of life. But knowledge is power, and it’s important to know that if the annuity option for lottery winnings is selected, they can be passed down according to state lottery rules. It protects lottery winners and their heirs and helps everyone breathe a sigh of relief.

FAQ

Is it better to take a lump sum or annuity when winning the lottery?

The answer is it depends on the individual. It’s perfectly OK to take the lump sum lottery winnings if you create a plan in advance and stick to it. A financial planner can help with this.

The potential advantages of taking the annuity option include not having that money easily at hand to squander away, and there are possible tax advantages as well. When the lump sum is taken, taxes are due all at once. The lottery will keep a portion of the required taxes, but the balance will be up to you, and how much you owe will depend on what tax bracket you end up in. Winning the lottery is considered income and is taxed as such.

Can you assign a beneficiary if you win the lottery?

In short, yes. You can fill out a form with the lottery’s annuity desk where you can assign beneficiaries to your remaining winnings if you pass away before claiming all of the owed winnings.

Disclaimer

All views expressed are my own. I am an employee of DraftKings and am ineligible to play in public DFS or DKSB contests.