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Miller trust (qualified income trust)

Like using a separate bucket when the main line is carrying more than a program allows, a Miller trust - also called a qualified income trust - is a legal tool that holds part of a person's monthly income so they can qualify for certain Medicaid long-term care benefits. It does not make income disappear. It redirects income above the Medicaid limit into a restricted trust account, where the money can be used only for allowed expenses, such as a share of nursing home costs, a spouse's allowance, or certain personal needs amounts.

Families usually run into this when a parent or spouse needs nursing home care or home- and community-based services, and the person's income is just too high for coverage. In Kansas, this comes up through KanCare long-term care eligibility. Financial rules are handled through the Kansas Department of Health and Environment, and a trust has to be drafted and managed correctly or coverage can be denied.

For an injury claim, the straight truth is that a Miller trust is not a catch-all shield. A settlement or structured payment can change Medicaid eligibility, depending on whether it counts as income or assets under the rules for that month. It also does not replace a special needs trust. Even when a Miller trust helps preserve benefits, Medicaid estate recovery may still apply after death.

by Marcus Lane on 2026-04-01

The information above is educational and does not create an attorney-client relationship. Every injury case turns on its own facts. If you're dealing with this right now, get a professional opinion.

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