Qualified Income Trust aka Miller Trust

BigBubba

Joined: Aug 27, 2010

Posts: 852

User Profile Ignore User Stop Ignoring

How long do you want to ignore this user?

24 hours One week Permanently Cancel

1:27p, 5/24/18

AG

Has anybody used a local attorney to setup a Qualified Income Trust (aka Miller Trust) for Medicaid eligibility? If so:

Which attorney and do you recommend them?
How much did they charge to set it up?

happyinBCS

Joined: Jun 10, 2008

Posts: 1,809

User Profile Ignore User Stop Ignoring

How long do you want to ignore this user?

24 hours One week Permanently Cancel

In reply to BigBubba • 1:55p, 5/24/18

Do they own any real property? Texas set up the Medicaid recovery act in 2005 and will attach a lien on it for any nursing home fees etc. I thought to receive Medicaid you could not have any net worth

BigBubba

Joined: Aug 27, 2010

Posts: 852

User Profile Ignore User Stop Ignoring

How long do you want to ignore this user?

24 hours One week Permanently Cancel

In reply to happyinBCS • 4:44p, 5/24/18

AG

happyinBCS said:
I thought to receive Medicaid you could not have any net worth

She has nothing left. House sold 4 years ago, and all the bank accounts drained to nothing. That is why we are going Medicaid now.

1 edit

happyinBCS

Joined: Jun 10, 2008

Posts: 1,809

User Profile Ignore User Stop Ignoring

How long do you want to ignore this user?

24 hours One week Permanently Cancel

In reply to BigBubba • 5:42p, 5/24/18

So why pay the expense of setting up a Miller trust?

3

Bucketrunner

Joined: Apr 23, 2007

Posts: 9,367

User Profile

Private Message

Ignore User Stop Ignoring

How long do you want to ignore this user?

24 hours One week Permanently Cancel

7:29p, 5/24/18

I think the amount placed in the trust is considered a transfer of assets. A penalty would be assessed equal to the number of months the income would have paid for her care. Please don't do this unless you have checked this out.

1

CEAg78

Joined: May 16, 2008

Posts: 1,755

User Profile Ignore User Stop Ignoring

How long do you want to ignore this user?

24 hours One week Permanently Cancel

8:13p, 5/24/18

AG

Jeff Harris

George Costanza

Joined: Nov 20, 2004

Posts: 2,297

User Profile Ignore User Stop Ignoring

How long do you want to ignore this user?

24 hours One week Permanently Cancel

9:56p, 5/24/18

A Milller Trust deals with the income issue with Medicaid ... not the assets.

Josh Benn handles Miller Trusts and other elder law issues including Medicaid planning.

3

Red Krow

Joined: Jan 20, 2012

Posts: 356

User Profile Ignore User Stop Ignoring

How long do you want to ignore this user?

24 hours One week Permanently Cancel

10:08p, 5/24/18

I would call Rod Mitchell. He specializes in wills/trusts, estate planning, and elder law. He will know the best course of action for you all to take.

1