Missouri § 313.285 - Prizes not assignable except to revokable living trusts or personal custodian, requirements — death of prize winner, how prize is paid.

§ 313.285. Prizes not assignable except to revokable living trusts or personal custodian, requirements — death of prize winner, how prize is paid.

1.  No prize, nor any portion of a prize, nor any right of any person to a prize awarded shall be assignable, except that a prize may be paid for the use and benefit of the prize winner to the trustee of a revocable living trust established by the prize winner or a personal custodian appointed by the prize winner under the Missouri personal custodian law, chapter 404.  The prize winner's request to the director that payment be made to a trustee or personal custodian shall be submitted in a notarized letter together with a copy of the trust or written agreement with the personal custodian.

2.  Any prize or portion thereof remaining unpaid at the death of a prize winner shall be paid as follows:

(1)  To the estate of the deceased prize winner;

(2)  To the trustee under a revocable living trust established by the deceased prize winner as settlor, provided that a copy of the trust has been filed with the director along with a notarized letter of direction from the settlor and no written notice of revocation has been received by the director prior to the settlor's death; or

(3)  To the surviving beneficiaries shown in a written beneficiary designation that has been executed by the prize winner and submitted to the director before the prize winner's death.  If a trustee is named a beneficiary, a copy of the will or instrument creating the trust shall be filed with the director before payment is made to the trustee.

3.  Notwithstanding any other provision of this section, any person pursuant to an appropriate judicial order may be paid the prize to which the winner is entitled.  The commission and the director shall be discharged of all further liability upon payment of a prize pursuant to this section.  Any ticket or share may be purchased by two or more persons and any prize payable therefor shall be made in accordance with the ownership percentages of such ticket or share.

4.  A beneficiary designation submitted by a prize winner is revocable by the beneficiary during lifetime and is governed by the nonprobate transfers law, chapter 461.  The rules provided in section 461.062 shall apply in addition to any rules adopted by the director and approved by the commission that are made a part of the beneficiary designation.

5.  Persons who begin to receive payment of the prize after the prize winner's death shall be treated as the prize winner for the purpose of this section and may provide for disposition of any portion of the prize remaining unpaid at their death by will, trust or beneficiary designation.

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(L. 1985 S.B. 44 § 18, A.L. 1990 S.B. 504, A.L. 1993 S.B. 215)

(2015) Section's prohibition against assignment of any lottery prize was repealed by implication through subsequent passage of Uniform Commercial Code provision rendering ineffective any statute which restricted assignment or transfer of such an account.  Clark v. Missouri Lottery Commission, 463 S.W.3d 843 (Mo.App.W.D.).

---- end of effective  28 Aug 1993 ----

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