Qualified Income Trust (Miller Trust)
$599 Flat Fee - 48 to 72-Hour Turnaround
Over Florida's Medicaid income cap? A Qualified Income Trust is the federally recognized fix - and it must be signed and funded on time. Includes a step-by-step Trustee Instruction Letter with current figures.
Get StartedWhat You Get
A Qualified Income Trust only works if two things are true: the trust instrument satisfies 42 U.S.C. §1396p(d)(4)(B), and the trustee actually runs the monthly deposit-and-disbursement routine correctly. This engagement delivers both - the trust itself, and a plain-English Trustee Instruction Letter with the current year's income cap and personal needs allowance figures verified at drafting time.
Because QIT timing is usually urgent - the trust generally must be signed and funded in or before the first month coverage is sought - this service runs on an expedited 48 to 72-hour turnaround, and includes an EIN application walkthrough so the trust bank account can be opened without delay.
- Qualified Income Trust instrument composed only of your pension, Social Security, and other income per 42 U.S.C. §1396p(d)(4)(B)
- Trustee Instruction Letter with current-year income cap figures, monthly deposit and disbursement mechanics, and estate-payback remittance instructions
- Verification of the current Florida ICP/long-term-care income cap and personal needs allowance at the time of drafting - never a hardcoded stale figure
- Power of Attorney authority check under Fla. Stat. §709.2202 if an agent will sign for the applicant
- Coordination on timing so the trust is signed and funded no later than the first month for which coverage is sought
How It Works
Complete the Questionnaire
Income sources with award letters, care situation, trustee selections, and Medicaid application status. Upload documents directly in the form.
Pay Flat Fee
Submit payment online for the $599 fee. Funds held in trust until your work is delivered.
Attorney Drafting with Current Figures
An attorney drafts the trust and instruction letter, verifying the current income cap and personal needs allowance at drafting time.
Sign, Open the Account, Fund
Receive the trust, instruction letter, and EIN walkthrough in 48 to 72 hours - so the trust can be signed and funded in the month coverage is needed.
What's Included
Deliverables
- Qualified Income Trust instrument (PDF and Word)
- Trustee Instruction Letter with current figures and step-by-step monthly deposit/disbursement mechanics (PDF and Word)
- EIN application walkthrough for opening the trust bank account
Not Included
- Medicaid Irrevocable Trust for asset protection (separate service)
- Filing the Medicaid application itself
- Ongoing monthly trustee support after the first deposit (the trustee performs the monthly routine using the instruction letter)
Related Services
Protecting assets, not just income? See the Medicaid Irrevocable Trust. Paying a family caregiver as part of the plan? See the Personal Services Contract. Browse the full catalog at Elder Law Services.
Frequently Asked Questions
What is a Qualified Income Trust (Miller Trust)?
Florida is an income-cap state for institutional and long-term-care Medicaid: if gross monthly income exceeds the cap, the applicant is ineligible - even by one dollar. Federal law provides the fix at 42 U.S.C. §1396p(d)(4)(B): a Qualified Income Trust composed only of the applicant's income. Excess income flows through the trust each month, and the applicant qualifies despite being over the cap.
Why is timing so urgent?
The trust generally must be signed and funded in or before the first month for which Medicaid coverage is sought. Miss the month and coverage for that month can be lost - at nursing home private-pay rates, that is a five-figure mistake. This service carries an expedited 48 to 72-hour turnaround for exactly that reason, and the intake asks for your application status and target coverage month up front.
What does the Trustee Instruction Letter cover?
The monthly routine, step by step: which income gets deposited into the QIT account, when, what may be disbursed (personal needs allowance, patient responsibility to the facility, and other permitted items), and what happens at death - the trust is payable to the State up to the amount of Medicaid benefits paid, which is a defining feature of a QIT, not a drafting choice. The letter is drafted with the current year's figures, verified at drafting time.
Who should serve as trustee?
Someone other than the applicant - typically a spouse, adult child, or the agent under a Durable Power of Attorney. If an agent will sign the trust for the applicant, the POA must contain the necessary authority; Fla. Stat. §709.2202 requires certain powers to be separately signed or initialed, and the engagement checks the POA for that authority at intake.
Will money be left in the trust for my family?
Generally no, and it is important to understand this going in: at the applicant's death, the QIT balance goes to the State of Florida as Medicaid payback, up to the amount of benefits paid, not to heirs. The QIT is an eligibility tool, not an inheritance vehicle. Asset protection for heirs is the job of other tools, like the Medicaid Irrevocable Trust or a Lady Bird Deed.
Need a QIT on a Deadline?
$599 flat fee. 48 to 72-hour turnaround. Pay online - funds held in trust until delivery.
Get StartedHave questions or a complex situation? Contact us for guidance.
Past results do not guarantee future outcomes. Florida law governs all engagements.