The Miller Trust With Delaware

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Multi-State
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US-02035BG
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Description

The Miller Trust with Delaware is a legal instrument designed to manage income for individuals who require Medicaid assistance while preserving their eligibility for benefits. This irrevocable income trust allows the Trustor to transfer social security, pension, and other income into the trust, which is then managed by a designated Trustee. Key features include strict adherence to state regulations regarding income disposal, a clear outline of trust termination upon the Trustor's death, and the irrevocability of the trust unless mutually agreed upon by the Trustee and the state Department of Human Services. The trust also mandates annual accounting and compliance with state reporting requirements. It's particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants in navigating Medicaid eligibility rules while ensuring that clients' financial resources are managed appropriately. This form supports users in maintaining financial security while complying with legal requirements, ultimately facilitating access to necessary healthcare services.
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FAQ

Income deposits into the trust may also provide funds to a spouse if the patient is married. In Texas, Miller Trust funds can also be used to pay for health insurance and Medicare premiums. Medical costs not covered by Medicare and Medicaid can also be paid from the trust.

When a Miller Trust is established, the person's income is deposited into the trust which is used to pay for the cost of their care. Upon the person's death, funds remaining in the Miller Trust are used to reimburse the State's Medicaid program for the cost of the care that the person received.

A Miller Trust, or qualified income trust, is an irrevocable trust that allows individuals qualify for Medicaid long-term care services, such as nursing home care, when they earn more income than Medicaid's income limit.

The state in which the Medicaid recipient will be receiving long-term care benefits must be named as the beneficiary, and upon the death of the individual, the state will receive any funds it paid into the Miller Trust that were unused. The trust is irrevocable, which means that it cannot be altered or cancelled.

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The Miller Trust With Delaware