# What if a lottery winner dies? **URL:** \ **Category:** Factual Questions\ **Created:** [December 26, 2002, 9:44pm UTC](https://boards.straightdope.com/t/what-if-a-lottery-winner-dies/145034 "2002-12-26T21:44:42Z")\ **Posts on this page:** 10\ **Page:** 1
**Author:** ![curious\_george](https://avatars.discourse-cdn.com/v4/letter/c/b487fb/32.png) [@curious\_george](https://boards.straightdope.com/u/curious_george)\ **Post date:** [December 26, 2002, 9:44pm UTC](https://boards.straightdope.com/t/what-if-a-lottery-winner-dies/145034/1 "2002-12-26T21:44:42Z")
Thinking about the $300 million powerball in the news, I wondered…What if a lottery winner dies and he chose the 30 year annuity payment option? Do his heirs collect the rest of the annuity, or does the lottery keep it? ---
**Author:** ![CookingWithGas](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cookingwithgas/32/485_2.png) [@CookingWithGas](https://boards.straightdope.com/u/CookingWithGas)\ **Post date:** [December 26, 2002, 9:47pm UTC](https://boards.straightdope.com/t/what-if-a-lottery-winner-dies/145034/2 "2002-12-26T21:47:22Z")
IANAL but the annuity is his even though it hasn’t all been paid yet so it would become part of his estate, therefore go to his heirs according to his will. ---
**Author:** ![UncleBill](https://avatars.discourse-cdn.com/v4/letter/u/d26b3c/32.png) [@UncleBill](https://boards.straightdope.com/u/UncleBill)\ **Post date:** [December 26, 2002, 9:51pm UTC](https://boards.straightdope.com/t/what-if-a-lottery-winner-dies/145034/3 "2002-12-26T21:51:57Z")
in [Minnesota](http://www.revisor.leg.state.mn.us/arule/7857/6000.html) it goes to the will benificiary. If no beneficiary is named, then By Law, after additional Estate taxes are taken out, at least [Florida](http://www.estaxlawyers.com/articles/YouWonTheLottery.pdf). ---
**Author:** ![Tapioca\_Dextrin](https://avatars.discourse-cdn.com/v4/letter/t/3d9bf3/32.png) [@Tapioca\_Dextrin](https://boards.straightdope.com/u/Tapioca_Dextrin)\ **Post date:** [December 26, 2002, 10:02pm UTC](https://boards.straightdope.com/t/what-if-a-lottery-winner-dies/145034/4 "2002-12-26T22:02:39Z")
In Ireland, they just [dig you up](http://us.imdb.com/Title?0166396) 😃 ---
**Author:** ![rowrrbazzle](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rowrrbazzle/32/414_2.png) [@rowrrbazzle](https://boards.straightdope.com/u/rowrrbazzle)\ **Post date:** [December 27, 2002, 12:57am UTC](https://boards.straightdope.com/t/what-if-a-lottery-winner-dies/145034/5 "2002-12-27T00:57:07Z")
It looks like it depends on the state and exactly what annuity they give you. It could be “x payments **or** until death of winner (whichever comes first)”, which this page seems to suggest for Michigan: [http://www.financial-planning.com/wwwboard8/messages/5113.html](http://www.financial-planning.com/wwwboard8/messages/5113.html) ---
**Author:** ![curious\_george](https://avatars.discourse-cdn.com/v4/letter/c/b487fb/32.png) [@curious\_george](https://boards.straightdope.com/u/curious_george)\ **Post date:** [December 27, 2002, 3:08pm UTC](https://boards.straightdope.com/t/what-if-a-lottery-winner-dies/145034/6 "2002-12-27T15:08:54Z")
Thanks, so it depends on the lottery. Yes, reminds me of Waking Ned Devine and Ironic by Alanis “…it’s like the lottery winner, who died the next day”. ---
**Author:** ![photopat](https://avatars.discourse-cdn.com/v4/letter/p/e95f7d/32.png) [@photopat](https://boards.straightdope.com/u/photopat)\ **Post date:** [December 27, 2002, 4:58pm UTC](https://boards.straightdope.com/t/what-if-a-lottery-winner-dies/145034/7 "2002-12-27T16:58:40Z")
In Iowa, the annuity would revert back to the state. Doesn’t seem fair, does it? ---
**Author:** ![Keith\_Berry](https://avatars.discourse-cdn.com/v4/letter/k/22d042/32.png) [@Keith\_Berry](https://boards.straightdope.com/u/Keith_Berry)\ **Post date:** [December 27, 2002, 5:20pm UTC](https://boards.straightdope.com/t/what-if-a-lottery-winner-dies/145034/8 "2002-12-27T17:20:29Z")
I believe the annuity reverts back to the state in Maryland as well. Get that flat pay-off every time. ---
**Author:** ![drachillix](https://avatars.discourse-cdn.com/v4/letter/d/48db29/32.png) [@drachillix](https://boards.straightdope.com/u/drachillix)\ **Post date:** [December 27, 2002, 5:56pm UTC](https://boards.straightdope.com/t/what-if-a-lottery-winner-dies/145034/9 "2002-12-27T17:56:59Z")
> [@](#): > > \*Originally posted by curious george \* > Do his heirs collect the rest of the annuity, or does the lottery keep it? In CA it becomes part of the deceaseds estate and is distributed accordingly. If you really have that much money laying around you probably have an accountant and or attourney who is going to ask what you want done w/your money in the event of your untimely demise. ---
**Author:** ![OxyMoron](https://avatars.discourse-cdn.com/v4/letter/o/e9a140/32.png) [@OxyMoron](https://boards.straightdope.com/u/OxyMoron)\ **Post date:** [December 27, 2002, 7:50pm UTC](https://boards.straightdope.com/t/what-if-a-lottery-winner-dies/145034/10 "2002-12-27T19:50:03Z")
In the absence of a law reverting the annuity to the state, if the person dies with out a will (“intestate”), it is distributed according to the state’s laws of intestacy - which vary widely. For example, I have no will right now, and haven’t felt much need for one because my estate would go to my parents, which is exactly what I’d want anyway.