Miller Trusts

Houston Benefits Planning Attorney

Medicaid benefits are only available to those with very limited monthly income; if your income from any source is too high, you will generally not be able to qualify for Medicaid benefits. However, a Miller Trust may enable you to qualify for nursing home Medicaid benefits despite your income.

The benefits planning lawyers at Hayes & Wilson, PLLC have extensive experience preparing Miller Trusts. The attorneys stay current with the latest regulations regarding Medicaid eligibility and Medicare benefits and can help you plan for your future care or the care of someone you love.

Board Certified, Estate Planning and Probate Attorney
713-880-3939 or E-Mail

A Miller Trust, or "qualified income trust," allows you to set income aside, so that it is not considered when determining eligibility for Medicaid assistance for nursing homes. This arrangement has many benefits:

• In 2008, the maximum amount of income per month that an individual may receive and be eligible for Medicaid nursing home benefits is $1,911. This amount is adjusted in January of each year. Clients become trapped between having too much income to qualify for the Medicaid nursing home program and not enough to pay for their own care privately.
• Income that is redirected into a Miller Trust is still available for the person's care, but is no longer counted in determining whether the person meets the income eligibility test for the Medicaid nursing home program.
• Miller Trusts are only used to assist in meeting the income eligibility criteria of government programs; they are not used to hold other assets.

We can help you determine whether a Miller Trust is a good option for you based upon your personal situation. The sooner you begin investigating legal strategies to ensure benefits eligibility, the sooner you will have the peace of mind that comes from having a plan. Our lawyers can help you.

For Medicaid planning and Miller Trust services we offer an initial consultation at a nominal fee and fixed fees for services. We are ready to help you with estate planning, probate, estate administration and guardianship matters.

Nominal Fee for Initial Consultation • Contact Us