Miller Trust Requirements – Part 2

Today we will review additional requirements to maintain a valid Miller Trust under Texas Medicaid law. These requirements are in additional to the items we previously discussed.

A valid Miller Trust must be irrevocable. If your trust document contains any provisions concerning revocation, modification, or termination by an individual or a court you risk invalidating your Miller Trust.

A valid Miller Trust must provide that Texas will receive all amounts remaining in the Miller Trust upon the death of the Medicaid recipient (limited to the amount of assistance paid on their behalf).

A valid Miller Trust must impose the following duties on the Trustee:

  1. The Trustee must pay to the beneficiary the monthly personal needs allowance provided in the Medicaid regulations;
  2. The Trustee must pay to the spouse of the beneficiary the amount required to reach the spouse’s minimum monthly maintenance needs allowance;
  3. The Trustee must pay medical expenses of the beneficiary that are not subject to reimbursement by a third party;
  4. The Trustee must pay from the remaining funds the cost of medical assistance provided to the beneficiary.

These provisions are required to create and maintain the validity of your Miller Trust. If any required provision is not included or properly drafted you may not have the protection you seek. Speak with a Houston Medicaid Lawyer if you need to create a Miller Trust to create eligibility for Texas Medicaid nursing home benefits. is your resource to find an experienced Houston Medicaid Attorney who can help you find the right nursing home, get the best care, and pay for it all without going broke. We are currently focused on Harris and Montgomery Counties, including the areas of Houston, Conroe, The Woodlands, Spring, Tomball, Humble, and Katy.