
A lot of people are confused about Miller Trusts. Miller Trusts, also known as Qualified Income Trusts, are trusts used to qualify for certain long-term nursing home Medicaid benefits for the elderly if the applicant has a monthly income that is “too high.” Miller Trusts are only used in states that have ceiling or “cap” on the amount of gross income an applicant can have and qualify for Medicaid. Currently, Texas is an income cap state, as are several others. In those states with an income cap, an applicant typically cannot qualify for Medicaid if their income is over the cap and they do not have a Miller Trust properly set up.
The Miller Trust has a pay-back provision to the state so that when the applicant passes, the State can be reimbursed for whatever it has paid out for Medicaid benefits – if there is enough money in the trust to cover it.
If you think you may need a Miller Trust, you want to work closely with an Elder law attorney to make sure that you don’t make mistakes setting it up or using it. If you or a loved one is applying for Medicaid, or think you are about to, give our office a call today at 214-292-4225 to set up an appointment to discuss your options.
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