Why Choose The Shea Law Firm?

  • Our Miller Trust is 100% Guaranteed to be accepted by the Texas Health & Human Services Commission
  • Our Miller Trust is drafted by an experienced Texas licensed attorney within 2 business days (express 1 day service available at an additional cost)
  • Free lifetime telephone and e-mail support to the Trustee on any Miller Trust issues from an attorney, not a paralegal or other unlicensed staff person

About the Miller Trust

How Much Income is Too Much?

For 2015 the income limit for a Medicaid applicant is $2,199*. If you have income that exceeds these limits your application for Texas Medicaid will be denied. The Miller Trust can solve this problem and reduce your income to the required level.

If the Medicaid applicant is married, the income that belongs entirely to the spouse as defined by the HHSC regulations is not counted towards this limit. Only the income of the Medicaid applicant is counted against the limit.

Please note for Medicaid eligibility purposes GROSS INCOME is examined, not net income. For Social Security payments, remember to add back in the Medicare deduction to find out if you are over the income limit.

What Happens to the Income Each Month?

Every Medicaid recipients income must be distributed in compliance with the Medicaid eligibility regulations in order to keep benefits. This is true regardless of if their income goes into a Miller Trust or not. A Miller Trust does not change where their income ultimately goes; it is only used to establish income eligibility for someone with more than $2,163 per month in gross income.

What About Your Home & Assets?

A Miller Trust or Qualified Income Trust (QIT) will not protect your home. But there are other techniques you can take advantage of that will protect your home. For additional information, read about our Texas Medicaid Home Protection program.

A Miller Trust or Qualified Income Trust has no impact on assets, it only solves income eligibility. You may be able to protect significant amounts of cash that would otherwise be lost on nursing home bills if you contact us today to consider other strategies. The biggest mistake I see from most new clients is waiting to begin the asset protection process. In some cases families end up spending tens of thousands of dollars they may have been able to protect with the proper legal advice before they contact me. Don’t let that happen to you.

When Should You Start?

When dealing with nursing home costs the sooner you start the better. Delays in establishing eligibility for Texas Medicaid benefits increase the risk of gaps in coverage which may leave a family member on the hook for the costs. At the latest you should begin the process in the month you apply for Texas Medicaid benefits. Starting earlier may save you a month or two of un-reimbursed nursing home bills. Remember, every check you write to the nursing home reduces the amount of funds available for asset protection.


Protect Your Assets

If you are an unmarried Medicaid applicant with more than $2,000.00 or a married Medicaid applicant with more than $23,448.00 in assets speak to us about how to protect your assets.

Medicaid Eligibility & Applications

If you are not eligible for Medicaid this month we might be able to make you eligible next month or some other target date if you prefer. We help families create Medicaid eligibility and then get through the lengthy HHSC application process..

Medicaid Appeals

If your parent or spouse has been denied Medicaid contact us to discuss options to appeal or fix the existing mistakes

Protect Your Home

We can help your parent or spouse protect their home while they are alive and receiving Medicaid as well as avoid Medicaid Estate Recovery Claims after they pass away through our Medicaid Home Protection Deed.


Now if we did not convince you, maybe a few words from our clients will!


I cannot say enough good things about how Rich Shea helped me with the process of getting my father to qualify for Medicaid.

You have stepped up to the plate each time we have called on you I will not hesitate to recommend you and your law practice to anyone we come in contact with seeking Medicaid for their loved one or themselves.

I’m very appreciative of not only the successful conclusion of the case, but how much he went above and beyond to answer my questions.