Income Trusts

In addition to limits on the amount of countable assets a person can keep and qualify for Medicaid, several states (known as income-cap states) have a limit on the amount of income a person can have and qualify for Medicaid.  To assist those whose income exceeds the limit, an income trust can be used to transfer excess income.  The trust allows the patient to get qualified for Medicaid despite the excess income and the excess income is also paid out from the trust to the nursing home.

These trusts are known or referred to as “Miller Trusts” because of the name given to them after a successful lawsuit that established their use under the law.  Several states provide a bare-bones version of this trust to the public because its use is so common.

If you live in an income-cap state, you may need a Miller Trust even if you’re fully asset eligible for Medicaid.  Our team can help you determine if you need a Miller Trust and whether there is a state-sanctioned version available for you.

Call us or email us to see if an income trust can help you qualify for Medicaid!