First, why do you believe that you are going to win the lottery? Thousands and millions of people believe that they are going to win the lottery every week and are wrong. Second, this is a site to provide you with legal advice and not moral and ethical advice. If you do happen to win the lottery, you might HAVE to share the proceeds with your husband. There is also the issue of whether you take the annuity or the lump sum payment. You are still married under the eyes of the US even though you were married in Brazil. That fact has no effect on anything. Who bought the ticket? It sounds like you and not your adult son. I would talk with an attorney before just giving the proceeds to your soon, as it might implicate the Uniform Fraudulent Transfers Act, which carries some pretty severe penalties.
The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.
Under Colorado law, you are not required to give your husband anything until you get divorced. Once you file for divorce, however, everything acquired during the marriage (including your lottery jackpot) is classified as marital property and is subject to equitable division by the divorce court.
You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.
First of all, you need to actually win the money first. And if you are winning anything significant from the lottery, hire a lawyer, first thing you do. As a winner, you'll be able to afford it. If that doesn't happen, none of this matters.
You could run the risk of serious liability if you are found to have fraudulently accepted or transferred the money via your son -- though with the information provided we can't know for sure. If you're planning a divorce, you should talk to a divorce attorney and say no more about this on the internet.
The author is a Maryland attorney; however no answer given on Avvo is intended as legal advice or intended to create an attorney-client relationship. Dan's expertise lies in the electronic entertainment (video game) industry, as well as complex internet law issues, electronic free speech, entertainment law, copyright and trademark law, and computer fraud. He primarily represents game developers and founders of emergent internet technologies.
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