Miller Trusts


A Miller Trust, also known as a Qualified Income Trust or “QIT”, is a document that is used when a person is over the “income cap”.  Texas is an “income cap” state and the current income cap is $2,130.00 a month.  The gross monthly income is used for Medicaid eligibility purposes.  Qualified Income Trusts are used for single individuals as well as spousal cases. If done correctly, the Qualified Income Trust solves the problem of having too much income to qualify for Medicaid, but not enough income to pay the nursing home.  In Texas, our firm handles Miller Trusts on a state-wide basis and we can generally tell you in a couple of minutes if your loved one would benefit from the use of one.


What will I have to provide the attorney?

  • the Power of Attorney of the Medicaid Applicant, as well as his/her marital status;
  • the name(s) of the income sources of the Medicaid Applicant and the amount(s);
  • the county where the document will be executed;
  • the name of the nursing home where the Medicaid Applicant is a resident.



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This site has been prepared by Richard G. Mills, Attorney at Law of Duncanville, Texas, and Timothy Schultz, Attorney at Law of San Antonio, Texas, for informational purposes only. View Legal Notice