What you would be selling
When you took a large lottery prize as an annuity rather than the cash option, the lottery agreed to pay you in yearly installments, often for 20 or 30 years. The lottery usually funds those payments by buying government bonds or an insurance annuity, and a check arrives once a year.
Selling means assigning some or all of the remaining checks to a buyer in exchange for a lump sum now. Once the sale is approved, the lottery pays the checks you sold to the buyer and keeps paying you any you kept. For the background on this market, read how lottery payment sales work.
Who can sell
- The winner. The person named as the prize claimant, in a state that allows assignment.
- Heirs and estates. When a winner dies, the remaining payments usually go to the estate or the named beneficiaries. Estate taxes can fall due long before the payments do, which is a common reason heirs sell. The executor or trustee normally signs.
- Groups and trusts. If an office pool, a partnership or a trust claimed the prize, the buyer will want to see who has authority to sign and whether every member has to agree.
State rules decide everything
Lottery prizes are generally not assignable unless state law says they are. Each state lottery sets its own terms, and a few do not permit sales at all. Where a sale is allowed, expect some or all of these:
- A court order. A judge with the right jurisdiction approves the assignment, often after confirming that you understand the terms.
- Notice to the lottery. The lottery reviews the order and changes who it pays.
- Limits on what you sell. Some states cap how many payments, or what share of each payment, can be assigned.
- Disclosure and advice. Some states require a written statement of the discount, or confirmation that you had independent legal advice.
- Offsets. Some states deduct unpaid child support or state debts from prize payments before they go out, and a buyer will check for these.
Check your state lottery’s rules on assignment and talk to a local attorney before you sign anything. If your state does not allow a sale, no legitimate buyer can complete one, whatever they tell you on the phone.
Timing and the next check
Because lottery payments come once a year, the date of the next check matters. If it is close, it may make sense to collect it yourself and sell the payments after it. The court step adds time on top of the paperwork, and that time depends on the state and the court’s calendar. We cannot promise a closing date, and we will tell you plainly what is holding a file up.
Taxes and costs
Lottery winnings are taxable, and a lump sum received for future prize payments is generally treated as ordinary income in the year you receive it. That can push a large sale into a higher bracket. Legal, court and processing costs usually come out of the lump sum as well, so ask for the net figure in writing and take both to a tax adviser before the hearing.
When not to sell
A long stream of annual payments is very sensitive to the discount rate, because so much of the money is many years away. On a 15-year stream, every two points of discount rate on $50,000 a year moves the price by roughly $40,000 to $58,000. If you do not have a specific use for the cash, if the payments are your retirement income, or if the only offer you hold implies a rate well above other quotes, keeping the payments is a sound decision.
If you do sell, sell what covers the need: the next few checks, part of each check, or a block of later years, as your state allows. Compare offers on their discount rate and net cash using how to compare offers, and see the other payment streams we buy and broker if you hold more than one.