Are Lottery Winner Names Public Record? How To Find Blind Trust States

One thing that might be more overwhelming than winning the lottery is having everyone find out about it. While it is a positively life-changing event to come into so much money unexpectedly, making your lottery win public can open you up to very negative outcomes, such as being hassled by friends and family who want their share, scammed, or robbed. 

While the obvious choice then will be to keep hush when you win the lottery, that is not always an option; in some states, you are required to disclose your name to the public if you win the lottery. Hence, certain winners’ names are public while others remain private. A blind trust is one of the best ways to claim your winnings anonymously; however, not every state permits it.

Are Lottery Winner Names Public Records?

Generally, the names of lottery winners in the US and other personal details are public records. Only a few US states allow winners to remain anonymous after claiming the lottery win. 

Outside of the US, whether a winner’s name and personal details are available to the public depends on the local laws. A lottery winner in Canada may see their winnings withheld if they refuse to let their name be published. In the UK and the rest of Europe, lottery winners are allowed to keep their anonymity. In Australia, it depends on the state, while winners can choose to be anonymous in New Zealand.

Public Records Laws and Lottery Transparency

Many US states require that the names and certain details of lottery winners be made publicly available. Under the California Public Records Act, all records handled by state government agencies, including the lottery, are available to the public upon request. The California State Lottery Act of 1984 (Proposition 37) dictates that winners are not allowed to hide their identities; they are required by law to disclose their names and locations.

Similarly, in New York, the New York State Gaming Commission and New York Lottery require lottery winners to disclose their identities, as entrenched in Article 34 of the New York State Tax Law. However, New York is considering a bill that will shield the identities of lottery winners for their privacy and safety.

The story is slightly different in Illinois. The Illinois Lottery Law (20 ILCS 1605/8/K) stipulates that lottery winners are required to disclose their identities, except for those who have won large sums—$250,000 or more. Such winners can request to remain confidential. 

Reasons for Making Winners’ Names Public

There are several good reasons why lottery winners’ names are required to be publicly available. For one, it ensures transparency in the lottery system and upholds its integrity. The public can trust that the lottery is genuine and not some fraudulent scheme with no actual winners. Being able to look up these winners and confirm their existence can assure people of the lottery’s openness and randomness. It can discourage fraud, such as the lotteries falsely claiming that there are anonymous winners while keeping the winnings. 

Privacy Concerns and Risks for Winners

Making the names of lottery winners public can create some serious privacy and security concerns for them. It could put you in a position where you are harassed by family members, friends, and even strangers who want a part of the money. It can lead to the theft of the winner’s identity by people who wish to get a piece of their winnings. Lottery winners could also be targets of small or even complicated scams; as newly wealthy people, scammers might see them as easy, obvious targets.

States That Allow Anonymity

Only seven US states allow lottery winners to remain anonymous while claiming their prize. These are Delaware, Kansas, Maryland, North Dakota, Ohio, South Carolina, and Texas. 

In Delaware, Title 29, Chapter 48, Subchapter 1, § 4818 of the Delaware Code expressly states that the State Lottery Office will not disclose the name or address of any prize winner to the public unless the prize winner gives permission. The story is similar in Ohio, where Section 3770.07(A)(1) of the Ohio Revised Code stipulates that the name, address, and social security number of lottery winners be kept confidential and not subject to any public inspection or copying.

Texas Code, Chapter 466.411 also gives winners of a million dollars or more the choice of keeping their personally identifiable information confidential and away from the public. Similar laws apply in Kansas, North Dakota, South Carolina, and Maryland, where the identities of winners are protected by law.

What Is a Blind Trust and How Does It Protect Lottery Winners?

Blind trusts are legal asset management structures that allow lottery winners to control their winnings while maintaining a certain level of privacy. As with other trusts, there is a trust grantor, a trustee or administrator, and a beneficiary. 

In a blind trust, the beneficiary is not involved in day-to-day operations or decisions. The winning ticket is given to the trust, which then claims the cash and invests it in the most appropriate way possible, without the involvement of the winner. Since the winner is not involved in decision-making or investment management, these responsibilities are delegated to someone who is educated enough. This trust will keep everything private and keep the winner’s name private.

Legal Structure of Blind Trusts

A blind trust is created so that the trust beneficiaries and trustee are unaware of the trust's investment holdings. Neither party has any control over how the investments are managed, including whether to buy or sell certain securities. A third-party trustee, who may be an individual or an institution, has complete control over the trust assets and does not communicate with the grantor or beneficiary about what is purchased and sold within the trust. A blind trust can be either revocable, which means the grantor can amend it later, or irrevocable, which means it cannot be modified or terminated.

Benefits for Lottery Winners

Blind trusts provide winners' privacy and anonymity, which is not allowed in many US states. It may protect winners from unwanted requests from family, friends, and strangers, as well as scammers and unscrupulous individuals. A blind trust also protects the winnings from potential creditors or impulsive spending. Setting up a blind trust may also help the winner get professional financial management that could ensure the winnings are properly invested.

Limitations and Requirements

Some states do not allow winners to claim lottery wins through a formal structure like a trust. Such winners may choose to put their winnings in a trust after claiming them, although that defeats the privacy function of a trust. Even among states that do, the name of the trust and the winner's name must be made public due to transparency laws. Keep in mind that whether lottery winners can claim prizes through a trust is determined by the trust's structure and the rules of each specific state.

How To Find States That Allow Blind Trusts for Lottery Winners

Note that some states do not let winners claim their winnings using a blind trust; you would need to research what is obtainable in the state you live in to find out if it is allowed.

Researching State Lottery Laws

There are several ways to research state lottery laws. You may start by looking at the official state government or legislature websites that provide access to the state codified laws and search for lottery-related laws. Online university law libraries that provide links to official state codes may also be useful when looking for information about state lottery laws. You may search commercial legal databases that contain updated collections of state statutes. 

Lastly, you could directly search for information using a search engine by typing in "[State Name] Lottery" or "[State Name] Lottery Commission". 

Examples of States Allowing Blind Trusts

Some states, such as Delaware, Kansas, and Maryland, allow winners to use a blind trust to claim their prize. While some others only provide that option to individuals who win a specific amount and above. The following are some states and the amount required to use a trust:

• Michigan and Minnesota - $10,000 or more.
• Arizona - $100,000 or more.
• Arkansas - $500,000 or more.
• Georgia and Illinois - $250,000 or more.
• Texas and West Virginia - $1,000,000 or more.
• Virginia - $10,000,000 or more.

How To Apply for Anonymity or Use a Blind Trust

The first step is to talk to a lawyer or a legal services company to get professional guidance on setting up a lottery trust. Then, choose if you want to create a revocable or irrevocable trust. You can choose a name for the trust that protects your identity and select a trustee. Your trust agreement should indicate whether funds will be paid in one lump payment or installments, as well as provisions for heirs, taxes, and long-term financial goals. 

The final step is to claim the prize in the trust’s name. In states that allow lottery anonymity, check the box that indicates you want to use a blind trust when filling out a lottery claim form, especially if you plan to claim your reward by mail. When claiming in person, the lottery commission representative may ask if you want to stay anonymous.

Consulting Legal Experts

Involving legal experts can be very important when setting up a blind trust, especially about claiming your prize anonymously. Their expertise on state lottery laws can help you navigate the often complicated process and ensure you get the best possible outcome.

Only a handful of states allow lottery winners to claim their prize anonymously, which may increase the risk and complications associated with winning the lottery. A blind trust solves many of these issues, but not all states allow winners to claim their winnings using a blind trust. You would need to research what is obtainable in the state you live in to find out if it is allowed. It is also advisable to seek legal help when going about the process.