Miller trust

An irrevocable trust funded with the income of an incompetent beneficiary who seeks to qualify for Medicaid in a state with an income cap.

• Funding is strictly limited to the beneficiary’s income (from any source). The assets in the trust are not included in the beneficiary’s estate for Medicaid purposes if the trust assets will be used to reimburse the state after the beneficiary’s death. Trust distributions are kept below the income cap in order to preserve the beneficiary’s Medicaid eligibility. This type of trust was first judicially sanctioned in Miller v. Ibarra, 746 F.Supp. 19 (D. Colo. 1990).

— Also termed Miller’s trust; qualified income trust.

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词条贡献者

双语律师Roger，毕业于一所培养最顶级翻译人才的语言学院，擅长翻译各类与商业秘密咨询与诉讼相关的法律文件。