If someone died with credit card debt but their assets were in some sort of trust, can the creditors still go after the estate or does a trust protect that?
My understanding is it depends on the kind of trust – a revocable trust could be invaded by creditors. An irrevocable trust would give protection against creditors? I believe there is a lookback rule (3 years?) so someone can't run up a bunch of debt and then put their assets in the trust for protection and then default on the debt?
Trust must pay debts of the estate but if funds are inadequate, the Trustee pays what he can proportionately until all the funds are used. Must notify the creditors of inadequate assets to pay all debt. There is a lookback period. Irrevocable Trust usually gets better protection and it also depends who the Trustee is. If an "independent" Trustee (Unrelated bank, CPA, Judge, ….), then better protection. If your own trust, then can be a problem if not setup properly before the lack of liquidity happens.
OJ Simpson put a lot of money in annuities to protect from civil liability (creditor procreation) when sued by the Goldman family.
Tax free (Life insurance payout) income can transfer to your heirs when you die. Your heir's trust can be the beneficiary of your life insurance payout, tax-free.
But other annuities are tax deferred (not tax free). Most investors avoid annuities due to the high fees. Annuities are expensive and we don't do them as a matter of course instead we just build a bond ladder to get the income people are seeking. Appropriate for some clients – just not necessary at the billionaire level. They have many other attractive options.
But you can borrow against them (annuities) so you don't have to pay capital gains. But they're also considered illiquid.
Someone claimed Michael Jordan had most of his money invested in insurance annuities. I have not read that and would doubt it. He owns golf courses, used to own part of an NBA team
(Charlottes), restaurants and other businesses. And I am sure he owns lots of other equity type investments plus bonds. He may have bought some annuities for his kids or something but most people buy annuities for the guaranteed cash flow and I don't think he has any cash flow worries. He has enough passive income from other sources.
He actually lived down the street from my ex and I when I lived in IL and his daughter Jasmine went to Hawaii and would stay with my ex at the same hotel as a kid.
When you reach the billion dollar status you have a ton of opportunities that normal people don't have and they diversify – your own tequila brand ala Ryan Reynolds, coffee brand ala George Clooney, partnerships with major corporations, etc.
Basic investment rule diversify with bond, equity and real estate investments.
30, 40, 20 and some cash.
But when you're young, all equities (always have a cash emergency fund). You pivot into bonds as you get closer to retirement.