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To: justlurking

To comply with state law, the names and addresses of beneficiaries of trusts must be collected to ensure compliance with state law and administrative rules to ensure that persons receiving winnings are not among those who are prohibited by state law from participating in the lottery, and persons subject to liens, judgements, and other garnishments comply with said liens, judgements, and garnishments.

The code section pertaining to exemptions from Open Records specifically states that winners names and addresses may not be withheld.

All is in the Iowa Code, section 99G.

This “Trust” forfeited their claim. All your arguments are MOOT.


58 posted on 01/27/2012 10:04:26 AM PST by Keith in Iowa (Willard Romney, purveyor of the world's finest bullmitt. | FR Class of 1998 |)
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To: Keith in Iowa
To comply with state law, the names and addresses of beneficiaries of trusts must be collected to ensure compliance with state law and administrative rules to ensure that persons receiving winnings are not among those who are prohibited by state law from participating in the lottery, and persons subject to liens, judgements, and other garnishments comply with said liens, judgements, and garnishments.

You really should provide a cite to the actual text. Here's one to the entire section:

http://coolice.legis.state.ia.us/cool-ice/default.asp?category=billinfo&service=iowacode&ga=83&input=99G

And guess what? I can't find your statement above. I can find bits and pieces of it that you seem to think they are required to collect the names of beneficiaries, but I don't see anything that actually requires them to do it.

The code section pertaining to exemptions from Open Records specifically states that winners names and addresses may not be withheld.

Not a problem in this case, as the Trust is a legal entity, with both a name and an address.

This “Trust” forfeited their claim. All your arguments are MOOT.

The trustee decided to not pursue the claim, apparently because the beneficiary did not want to risk being identified. I'm curious about why, especially for that amount of money.

However, that doesn't make my arguments moot. If the beneficiary had retained a competent lawyer, the attorney would have done exactly what I've done: demand that the Iowa Lottery cite the law that requires them to identify the beneficiary of the trust.

Instead, he simply said: "I'm not going to argue with the lottery." Unless he is following explicit instructions from the beneficiary, that's a major breach of his fiduciary duty as trustee.

59 posted on 01/27/2012 10:49:54 AM PST by justlurking (The only remedy for a bad guy with a gun is a good WOMAN (Sgt. Kimberly Munley) with a gun)
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