How The Miller Trust Can Win Your Case

In order to qualify for Texas Medicaid nursing home benefits the person must have an income below a certain amount. If an applicant has income above the maximum amount, they will be denied Texas Medicaid nursing home benefits. There is no exception to disregard income if the applicant is “medically needy” as there are in many other states. Many Texas families find themselves with too much income to qualify for Medicaid nursing home benefits but too little to afford a nursing home. A common strategy for creating income eligibility in situations like these is to use a Miller Trust.

The Miller Trust is a tool to manage the income of an applicant for Texas Title 19 nursing home benefits. When used properly, a person with too much income to qualify for benefits will be able to reduce their income within required levels by using a Miller Trust. It is important to remember that in order to qualify for the protections and advantages a Miller Trust provides it must be established and administered correctly. If there is a flaw in the document or the administration then the applicant may be found ineligible for Medicaid nursing home benefits for several months and be responsible for those large bills.

We will be reviewing the Miller Trust in detail in future posts. 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.

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  1. Dear Mr. Shea, My landlady is disabled and is currently in a type of residential/hospice setting and not expected to live more than a few months. Her daughter has asked me for some info about the Miller Trust. My landlady owns a home which I currently rent from her for $600 per month plus utilities. I am also disabled under SSA guidelines and I cannot afford to move. My landlady’s expenses for her care exceed her income substantially and her children currently have to pay the difference. Will a Miller Trust for her SSA retirement, annuity and my rent payments give her protections under the Miller Trust provisions? Her family is considering selling the home to me if I can afford it on my SSA disability check. Any help would be greatly appreciated. Many thanks. Chris

  2. A Miller Trust does not “protect” assets or income. It is a tool to re-characterize income so that it is within the strict eligibility limits. A Miller Trust in no way increases the income or assets that a Medicaid recipient can keep, its only purpose is to restructure a person’s income to fit within the eligibility standards.

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