Miller Trust Revised with Successor Trustee - Arkansas Legal Services 2025

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The document outlines the terms of an Irrevocable Income Trust established between a Settlor and a Trustee. It details the management and disposition of the Trust Estate, which includes Social Security and pension income, under the regulations of the Arkansas Department of Human Services. The Trust is irrevocable, terminating upon the Settlor's death, with provisions for distributing remaining assets to cover Medicaid payments and other beneficiaries. The Trustee has broad powers to manage the Trust in accordance with applicable laws.

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Got questions?

We have answers to the most popular questions from our customers. If you can't find an answer to your question, please contact us.

Why might you need a Miller?

Why establish a Miller Trust? Normally, a person sets up the trust because they dont have enough money or medical insurance to cover their medical needs but they still have too much income to qualify for Medicaid. For some people, its an easy decision to make.

What type of lawyer is best for trusts?

A trust lawyer, also known as an attorney specializing in trusts, is a legal expert who focuses on the creation, management, and administration of trusts. These professionals play a key role in estate planning, helping individuals ensure their assets are distributed ing to their wishes.

Do you need a lawyer to set up a Miller trust?

To set up a Miller trust you need to: Open a bank account. Work with an elder law or estate planning attorney to establish a trust document. Select a trustee.

What is the benefit of a Miller trust?

The primary benefit of a Miller Trust is that it enables individuals to qualify for Medicaid despite having an income that exceeds the eligibility limit. This can be crucial for accessing long-term care services that would otherwise be unaffordable.

How much does it cost to set up a Miller trust?

Some Medicaid Professionals include the cost of establishing this type of trust as a package deal with other Medicaid planning services. However, on average, solely setting up a QIT runs approximately $400 to $500, but may run as high as $1,000 or $2,000.

What is the difference between current trustee and successor trustee?

A trustee, who can either be the trustor or another responsible party, may be appointed while the trustor is still alive; a successor trustee is charged with administering a trust after the trustor or the appointed trustee (if they are different from the trustor) becomes incapacitated or dies.

Can you open a trust account without a lawyer?

Yes, it is possible to create a trust without the help of an estate planning attorney. You may draft a standard living trust document by following the steps below.

What happens to the money in a Miller trust when the person dies?

Upon the Medicaid recipients death, the state is named as the beneficiary of the Miller Trust / Qualifying Income Trust. If there are any funds remaining in the trust account, the state will receive it as reimbursement for funds paid for the care of the Medicaid recipient.

Miller Trust Revised with Successor Trustee - Arkansas Legal Services 2025

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