Miller Trust

How to Stop Paying the Nursing Home and Qualify for Texas Medicaid

Texas Medicaid eligibility may be closer than you think and with careful planning you can make sure your loved one gets more benefit from their remaining assets than the nursing home. To get started, click here.

Do you need a Miller Trust?

If a Texas Medicaid applicant has gross monthly income in excess of $2,163 per month then they must have a Miller Trust (also called a “Qualified Income Trust” or QIT) in order to establish income eligibility for nursing home Medicaid. If you apply for Medicaid with income above the limit and do not have a properly functioning Miller Trust then your application will be denied and you will be confronted with one or more months of uncovered nursing home costs until you establish eligibility. With no Medicaid coverage, the nursing home may be looking at you to pay those thousands of dollars.

How much income is too much?

It changes. For 2014 the income limit for a medicaid applicant is $2,163*. 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 recipient’s 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 and assets?

A Miller Trust or Qualified Income Trust 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. 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. Every check you write to the nursing home reduces the amount of funds available for asset protection.

What does it cost?

I prepare Miller Trusts only for Texas residents applying for Texas Medicaid benefits. This Miller Trust is prepared by an attorney and is valid for Medicaid applications in every part of Texas. The legal fee for a Texas Miller Trust is $850. Visitors to receive a discount for a total fee of $699. This is an online only/telephone only offer. If you would like to come in for an office consultation there is an additional charge of $100 per half-hour.

The fee for preparing the Miller Trust can be paid from the Medicaid applicant’s assets and does not result in a medicaid penalty.

Remember, this special discount is only available for preparing a Miller Trust. If you need additional assistance applying for or obtaining Medicaid benefits we can help you, but it is not included with this offer.

Why & The Shea Law Firm?

1 – The Miller Trust prepared by The Shea Law Firm is 100% guaranteed and has never been rejected by the Health and Human Services Commission in Medicaid applications throughout all of Texas.

2 – The Miller Trust prepared by The Shea Law Firm is guaranteed to be completed within 2 business days of our receiving all the requested information. For urgent matters, 1 day service is available for an additional fee.

3 – As the Trustee of the Miller Trust you receive free, lifetime telephone support for the Miller Trust from an attorney – not a paralegal or staff person. This comes in handy when you are at the bank and you find yourself dealing with a teller that has little or no experience with Miller Trusts. The Shea Law Firm stands behind our clients through every step in the process and steps in to assist with issues like this when needed.

How do you start?

To get started immediately fill out the form below. Please be sure your email address is correct in order to receive instructions by e-mail.