QUESTIONS? CALL: +1 (727) 847-2288
  • Meet our Staff
  • Attorney Profiles
  • Schedule an Appointment
  • Download Forms
  • Client Pay

Law Office of Roland D. Waller - Probate and Real Estate Attorney - New Port Richey, Florida

Law Office of Roland D. Waller - Probate and Real Estate Attorney - New Port Richey, Florida

Our firm takes a genuine interest in our clients, understands their objectives and meets or exceeds their expectations in a timely manner. We strive to provide superior legal services and maintain the highest standards of professional integrity.

T (727) 847-2288
Email: contactus@rdwaller.com

Law Office of Roland D. Waller
5332 Main Street
New Port Richey, Florida 34652

Open in Google Maps
  • Real Estate
    • Title Insurance
    • Contract to Closing
    • Contract Preparation & Review
    • Deeds
    • Buyer Representation
    • Seller Representation
    • Loan Modification Agreements
    • Mobile Home Title Transfers
    • Vacation of Easements
    • Rezoning
    • Mortgage & Note Preparation
    • Leases with Option to Purchase
    • Leases – Residential & Commercial
  • Probate
    • Trust Administration
    • Estate Administration
  • Estate Planning
    • Avoiding Probate
    • Medicaid Planning
    • Designated Health Care Surrogate
    • Durable Power of Attorney
    • Trusts
    • Wills
    • Healthcare Surrogate
  • Litigation
    • Condemnation
    • Boundary Dispute
    • Partition Action
    • Suit to Quiet Title
    • Defendant
    • Plaintiff
    • Eminent Domain
    • Land Use & Zoning
    • Contract Disputes
    • Evictions / Collections
    • Loan Modification
    • Foreclosure / Foreclosure Defense
  • Corporations
    • Preparation of Corporate minutes
    • Formation of Corporation or LLC
    • Partnership Agreements
    • Corporate Contract Preparation & Review
    • Purchase of Business
    • Sale of Business
  • Videos
    • About Us
    • Estate Planning
    • Guardianship
    • LLC’s and Corporations
    • Medicaid Planning
    • Probate
    • Real Estate
    • Real Estate – Buying
    • Real Estate – Selling
    • Real Estate – Foreclosure
    • Trusts
    • Wills
  • Testimonials
Tuesday, 17 November 2015 / Published in Trusts, Videos

Ask Jaleh: What Is A Miller Trust?

Video Summary

 

 

What is a Miller Trust, and why would I need a Miller Trust in order to qualify for Medicaid?

 

Let’s talk about first what is the purpose of a Miller Trust, also known as a Qualifying Income Trust.

 

A Miller Trust solves a single problem. The problem is that the person applying for Medicaid has too much income. A Qualifying Income Trust is an irrevocable trust into which you put your income, and which pays anything left over at your death to the state of Florida, up to the amount of the Medicaid benefits paid on your behalf.

 

If a Medicaid applicant’s income exceeds the lawful amount for Medicaid eligibility, which is $2,199 per month – effective as of January 1, 2015 – a Qualifying Income Trust must be created with the applicant’s income in order to create eligibility for long-term nursing home care. This insurance is also commonly referred to as a Miller Trust. This is an irrevocable trust.

 

The income of a Medicaid applicant which exceeds the eligibility criteria is placed in the trust, and someone other than the applicant is the trustee. The trust income will be disposed of in accordance with the directive of the Florida Department of Children and Family Services after the applicant has applied for Medicaid and been approved.

 

Generally speaking, the applicant will be allowed to retain $105 per month of the income, and may be entitled to divert some of the income to the community spouse if the spouse’s income falls below $1,966.25 per month. This is effective as of July1, 2015. They must also pay a fixed amount towards the patient responsibility for nursing home care.

 

In the event that there are excess funds in the amount after the applicant dies, Florida Medicaid is entitled to reimbursement from those funds.

 

Income from Medicaid eligibility purposes is considered gross income. This means that all deductions are added back into the income before one can determine the total amount of income for Medicaid eligibility purposes and is another example of why proper Medicaid planning is so important for each involved individual, and why a Qualifying Income Trust may be necessary.

 

The Qualifying Income Trust may be created by the applicant if the applicant is competent to do so. The Qualifying Income Trust may also be created by the applicant’s spouse, if there is one, and if the spouse is competent to do so. The Qualifying Income Trust may also be created by the attorney-in-fact pursuant to the applicant’s durable power of attorney, provided the durable power of attorney authorizes the agent to do so.

 

The form for the power of attorney must include specific authorization for the agent or attorney-in-fact to sign the irrevocable Qualifying Income Trust for the incapacitated person’s skilled nursing home Medicaid eligibility.

 

If none of the above conditions exist, a court proceeding would be necessary to secure the authority to create a Qualifying Income Trust. Following the detailed requirements for drafting Qualifying Income Trusts and for administering an irrevocable Qualifying Income Trust is important for maintaining Medicaid eligibility for an elderly person after it is first obtained. Your attorney should provide you with detailed and specific directions for the proper funding and administration of the irrevocable Qualifying Income Trust.

 

The Qualifying Income Trust must be properly managed, and payments must be made each month to maintain eligibility. There are very specific rules that must be followed for the trust. For example, it must be a non-interest bearing account.

 

Please call me at 727-847-2288 for information about the Miller Trust, and if the Miller Trust is a proper planning tool for you and/or your loved one to become eligible for Medicaid for long-term skilled nursing care.

 

 

 

FEATURED VIDEOS

  • How Do I Make Sure All My Assets (Real Estate, Bank Accounts, Investments) Are Properly Transferred into the Trust?

  • How Can I Legally Require My Neighbor to Move a Fence, Structure, Or Landscaping That Crosses onto My Land?

  • How Are Taxes Handled with Trusts Will My Beneficiaries Owe Taxes When They Inherit?

  • Do I Need a Separate Will for Digital Assets Like Social Media Accounts, Crypto Wallets, Or Online Businesses?

  • What Estate Planning Steps Should I Take If I Own Multiple Properties or Out of State Property?

  • Can I Include Instructions for Personal Items Like Jewelry and Heirlooms Separately from the Will?

  • If I Plan to Renovate or Build on the Property, What Permits or Legal Approvals Do I Need?

  • How Do I Choose a Reliable Executor, and What Responsibilities Will They Have?

RELATED VIDEOS

About Us About Waller education real estate Waller
SUGGEST A VIDEO TOPIC

SIGNUP FOR NEW VIDEO NOTIFICATIONS

Keep up to date with our videos. We will notify you of any new video added via email.

Quick Links

  • Buyer Representation
  • Contract to Closing
  • Deeds
  • Leases w/ Option to Purchase
  • Leases – Residential & Commercial
  • Loan Modification Agreements
  • Mobile Home Title Transfers
  • Mortgage & Note Preparation
  • Contract Preparation & Review
  • Rezoning
  • Estate Administration
  • Trust Administration

Our Misson

“We Care”

Signup for our Newsletter

GET IN TOUCH

Tel: +1 (727) 847-2288
Fax: +1 (727) 848-4183
Toll Free: +1 800-304-2288
Email: contactus@rdwaller.com

Law Office of Roland D. Waller
5332 Main Street
New Port Richey, Florida 34652-2509

Open in Google Maps

  • Legal Terms
  • Website User Agreement
  • Privacy Policy
  • Legal Notice
  • GET SOCIAL
Law Office of Roland D. Waller - Probate and Real Estate Attorney - New Port Richey, Florida

© COPYRIGHT 2010-2022 RDWALLER.COM

TOP