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What It’s For: The Miller Trust is a very specialized trust. Only people who are trying to qualify for Medicaid benefits for nursing home care and whose income each month exceeds $2,130 (or whatever the income cap is in a particular year) need these trusts. Without the Miller Trust, a person with more than $2130 in monthly income will not qualify for Medicaid. The maximum monthly income cap is changed from time to time. Usually, it increases for inflation.
Basic Operation: The Miller Trust is also called a Qualified Income Trust or a QIT. The trust document allows the Trustee to set up an account for the beneficiary, who is the person seeking Medicaid. The Trustee must transfer the beneficiary’s monthly income into the Miller Trust each month, and then make payments as required on behalf of the beneficiary.
Setting Up the Trust: In order to set-up and operate the Miller Trust, the Trustee must know the income and the expenses of the beneficiary. The Trustee needs to make the right payments as required by the Miller Trust and the beneficiary’s circumstances. The Trustee needs a trust document; control of the beneficiary’s income; and knowledge of how much needs to be paid to the nursing home, the beneficiary, or the spouse to meet Medicaid’s requirements.
The Elder Law Attorney’s Role: An attorney will draft the document, analyze the income situation, advise on how to set the account up, and make payments to achieve eligibility
Has the nursing home told you your loved one is in need of a Miller Trust in order to qualify for Medicaid? Call our offices to schedule an initial consultation. (281) 448-4100