How a “Miller Trust” Works As a Tool To "Break Open" Qualification for Medicaid Nursing Home Benefits
Does your parent or loved one need nursing home care? If so, the cost may seem overwhelming. Almost as overwhelming as caring for this person's needs on a 24/7 basis. Weaver Firm Attorneys can help you understand about qualifying for Medicaid-paid nursing home care.
A Qualified Income Trust or “Miller Trust” is set up for one reason and one reason only. In it’s most basic form, this tool allows income eligibility for Medicaid nursing home care by depositing your income into a checking account titled in the trust name.
IMPORTANT: Income will never disqualify you for Medicaid nursing home benefits in Texas.
In Texas, if your income is more than the monthly amount Medicaid permits, special rules allow you to re-direct your income to a legal tool called a Miller Trust or Qualified Income Trust (QIT).
This legal planning document allows you to meet income eligibility rules for Medicaid nursing home benefits. If you don’t set up this type of trust, your income cannot be more $2,250 per month in order to meet Medicaid’s 2018 eligibility requirements.
The document is known as a “Miller Trust” for the family that brought the court action resulting in this planning solution for families.
Here’s How It Works
How Your Income Flows Through the Trust
Here’s an Real-life Example of How a “Miller Trust” works in Texas
Let’s say your mom needs nursing home care.
Here are the steps we recommend for qualifying for Medicaid nursing home benefits in this example–
Setting up and managing a Miller Trust is not a “do-it-yourself” project.
The rules are too complicated. Set up the wrong way, you face a real risk of losing thousands of dollars’ worth of benefits. Once these benefits are lost, they are lost to you forever.
If you have income that’s too high to qualify for Medicaid-paid nursing home care, a Miller Trust or Qualifying Income Trust makes sense.
We welcome your call to schedule a phone, zoom, or in person meeting with Travis Weaver, attorney, to answer your questions about a Miller Trust or Medicaid-paid nursing home care. Give us a call at 817-638-2022 to schedule your phone meeting.
If you don’t call us, find another experienced attorney to assist you. A skilled attorney will prepare the specific instructions needed for the trust. You’ll get advice on how the trust should be set up and how to fund it. It’s the best way to avoid the pitfalls and get all the benefits out of “Miller Trusts” or Qualified Income Trusts in Texas.
Serving Denton County, Wise County, Tarrant County, and the surrounding area including Argyle, Lantana, Bartonville, Highland Village, Robson Ranch, Flower Mound, Lewisville, and Decatur
Weaver Firm Attorneys
Travis Weaver, Attorney - Denton County
Sara Correa, Attorney - denton county
Bartonville Town Center
Rick WeaveR, Attorney - Wise County
Rhome, TX 76078 | 817-638-9016
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Rick Weaver and Travis Weaver of Weaver Firm - Attorneys present the information on this website as a service. While the information on this site is about legal issues, it is not legal advice, nor is it intended to be a substitute for legal counsel on any subject matter. This information does not form an attorney-client relationship. The information is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No reader should act or refrain from acting on any information included in, or accessible through, this website without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.
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