Effective - 28 Aug 1993
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.
--------
(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.).
Structure Missouri Revised Statutes
Title XXI - Public Safety and Morals
Chapter 313 - Licensed Gaming Activities
Section 313.005 - Definitions.
Section 313.007 - Bingo proceeds for education fund, established, purpose.
Section 313.013 - Progressive bingo games, permitted, defined.
Section 313.030 - Change in officers to be reported to commission — license to be displayed.
Section 313.035 - Ineligible persons and organizations — revocation, eligibility for relicensure.
Section 313.040 - Restrictions, penalties.
Section 313.041 - Contingent effective date.
Section 313.045 - Annual reports by certain licensees — contents.
Section 313.050 - Records to be kept — retention period.
Section 313.052 - Grounds for disciplinary action against licensee.
Section 313.065 - Rules and regulations, promulgation.
Section 313.070 - Licenses, suspension or revocation, when.
Section 313.080 - Violations, penalty.
Section 313.085 - Sales of bingo supplies exempt from certain taxes.
Section 313.200 - Citation of law.
Section 313.205 - Definitions.
Section 313.210 - Commission established — offices — assignment to department.
Section 313.215 - Commission members — terms, qualifications — expense reimbursement.
Section 313.225 - Commission meetings — quorum.
Section 313.235 - Director — appointment, qualifications, compensation.
Section 313.240 - Duties of director.
Section 313.245 - Personnel — employment, qualifications, compensation.
Section 313.250 - Budget preparation.
Section 313.260 - Restrictions for licensees.
Section 313.265 - Denial of license, grounds — cause to be cited.
Section 313.275 - Financial interests and gifts prohibited.
Section 313.280 - Sale of tickets to minors.
Section 313.290 - Ticket or share prices fixed — counterfeiting prohibited — penalty.
Section 313.295 - Payment of prizes to minors and disabled adults under personal custodian law.
Section 313.300 - Unclaimed prizes — moneys to revert to state lottery fund.
Section 313.310 - Duties of attorney general and highway patrol.
Section 313.315 - Duties of state auditor — other audits — reports to be filed.
Section 313.322 - Commission may contract operation of lottery to private organization, how.
Section 313.325 - Commission may subpoena records and witnesses — failure to obey.
Section 313.340 - Constitutional prohibition construed — no denial of liquor license.
Section 313.345 - Licenses and contracts may be denied to persons owing debt to state.
Section 313.350 - Venue for civil actions — advancement on docket.
Section 313.351 - Lottery commission to submit plan, how approved.
Section 313.500 - Definitions.
Section 313.510 - Horse racing commission established.
Section 313.520 - Employees — executive director of gaming commission, duties.
Section 313.530 - Revenues from horse racing — horse racing fund, established.
Section 313.560 - Commission, powers.
Section 313.570 - Members or employees subject to civil action, attorney general to represent.
Section 313.580 - Track license required — grounds for refusal to issue, qualifications.
Section 313.590 - Track license — bond required, purpose.
Section 313.610 - Track license — failure to secure, penalty.
Section 313.631 - Track licensee — record keeping requirements, accounting to commission.
Section 313.632 - Approval by commission, required, when.
Section 313.655 - Simulcast races, pari-mutuel wagering.
Section 313.660 - Off-track wagering prohibited, penalty.
Section 313.670 - Minors — prohibited from betting — presence prohibited, exceptions.
Section 313.680 - Names of horses — registered name required to be used, penalty.
Section 313.700 - Drugs or medications, unauthorized use prohibited, penalty.
Section 313.710 - Missouri-bred horses, program to encourage.
Section 313.780 - Licensing of additional excursion gambling boats restricted, when.
Section 313.800 - Definitions — additional games of skill, commission approval, procedures.
Section 313.802 - Law not applicable to lottery, bingo or pari-mutuel wagering.
Section 313.803 - Two thousand feet artificial space may be created, certain licensees.
Section 313.805 - Powers of commission.
Section 313.825 - Audit of licensee, contents, procedure.
Section 313.832 - Forfeitures for illegal activities, enforcement procedures.
Section 313.837 - Report to general assembly, when, contents.
Section 313.845 - Rules, procedure.
Section 313.850 - Severability clause.
Section 313.900 - Citation of law.
Section 313.905 - Definitions.
Section 313.930 - Compliance with all federal, state, and local laws and regulations.
Section 313.940 - Annual financial audit required, operator to pay cost of audit — exemption.
Section 313.945 - Confidentiality of records, exceptions.
Section 313.950 - Commission to supervise operators, licensees, and websites — powers and duties.