The Miller Trust Withdrawal

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Multi-State
Control #:
US-02035BG
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Description

The Miller Trust Withdrawal form is a crucial legal document that allows individuals to establish an irrevocable income trust, specifically used to manage income and assets while complying with Medicaid requirements under 42 U.S.C. 1396(p). The form outlines essential features, such as the establishment of the trust, transfer of Social Security and pension payments into the trust, and the management of these funds by a designated trustee. Key provisions include the termination of the trust upon the trustor's death, the distribution of assets to state departments for medical payments, and potential remaining funds to specified beneficiaries. This form requires clear filling and editing instructions to ensure compliance with specific state laws and provisions outlined by the Department of Human Services. Attorneys, partners, owners, associates, paralegals, and legal assistants may find this form useful in estate planning, particularly when assisting clients with Medicaid asset protection strategies. By ensuring accurate completion, users can help prevent disqualification from Medicaid benefits, ensuring financial security for trustors.
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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.

A Miller trust, also called a Qualified Income Trust (QIT), can help you qualify for Medicaid nursing home benefits or other long-term home-based care services if your income exceeds the eligibility requirements.

The trust must be irrevocable. The trust must state: ?Upon the death of the beneficiary, the trust assets shall be paid to the Medicaid agency of the State of Indiana up to the total amount of the Medicaid payments made to or on behalf of the beneficiary,? or words substantially to that effect.

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 Withdrawal