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Jun 01, 2026
If you are considering establishing an estate plan, there are many elements you may want to consider, including some specific protections for yourself—especially when it comes to your medical benefits. A common way for you to potentially qualify for Medicaid in Florida is a Miller trust, also known as a Qualified Income Trust (QIT). Establishing a Miller trust (QIT) in Florida can be difficult but rewarding.
When you decide to move forward with a Miller trust, it’s important to know how the Florida trust laws work, specifically in a Miller trust case. Having an experienced trust attorney on your side can end up being a tremendous asset to your case. You may want to hire a trust lawyer to help you avoid costly mistakes. Douglas A. Oberdorfer can devote decades of focused estate planning and elder law experience to your case, giving you the right kind of legal aid.
What Is a Miller Trust?
A Miller trust is a common legal framework in Florida that allows qualifying individuals with high medical costs to qualify for Medicaid, despite their ineligibility due to their income. In Florida, Medicaid can be complicated to fully understand and even more stressful to apply for. If your income exceeds Medicaid’s strict limits, you may not qualify for it at all. A Miller, or QIT, trust can make your income appear lower and permit you to qualify for Medicaid.
Florida’s trust laws allow certain qualifying individuals to establish a Miller trust, provided their total gross income before deductions does not exceed the limit to qualify. This includes taxes, health insurance premiums, pensions, and Social Security. Trusts in Florida are quite common, considering the average household income in the state is $74,568, and the average sale price of a home is $416,800. An experienced trust lawyer can help you establish the right kind of trust.
Setting Up a Miller Trust in Florida
If you want to put together a Miller trust in Florida, you have to go through several important steps before your trust can be used to make you eligible for Medicaid. The last thing you want is to establish a Miller trust incorrectly and not receive Medicaid benefits. You should consult with an experienced trust lawyer who can guide you through the process, prevent mistakes, and double-check the elements of your trust. Here are the steps in setting up a Miller trust in Florida:
- Drafting: The first thing you need to do is draft a trust agreement. The Miller trust needs to be an irrevocable trust that contains specific language mandated by the Florida Medicaid policy. An irrevocable trust cannot be modified, and the funds within cannot be accessed in any way after the trust is created. Your lawyer can assist you in drafting the trust using the proper language.
- Choosing a trustee: If you lack the legal capacity to manage your own affairs, you cannot be the trustee of your own Miller trust. It’s recommended that you appoint someone you trust implicitly, such as a grown child, a spouse, or a sibling, to handle monthly deposits and disbursements of the trust on your behalf. Once the trust is signed and notarized, your trustee needs to open a separate checking account in the trust’s name.
- Deposit income: Every month, you will need to deposit enough of your total gross income into the trust so that whatever you have left falls under Florida’s Medicaid special income limit. Your lawyer can help you calculate what this amount should be every month. If you have a steady income each month, calculating that amount will be easier.
- Pay expenses: The money that you deposit into the Miller trust can only be dispersed to pay for medical costs, care, or your Medicaid patient pay responsibility.
FAQs
How Does a Miller Trust Work in Florida?
A Miller trust allows qualifying Florida applicants to set aside a portion of their monthly gross income to cover Medicaid expenses. Applicants may only qualify if their monthly gross income, including all supplemental income before taxes, does not exceed the income limit for a Florida Miller trust. If you want to establish a Miller trust, it’s recommended that you consult with a trust lawyer and calculate your gross income.
What Expenses Can Be Paid From a Miller Trust in Florida?
In Florida, the deposits made into a Miller trust can only be used to pay for the beneficiary’s medical needs, including long-term care costs and any related expenses that can be used to maintain Medicaid eligibility. You can’t use a Miller trust to pay for your own expenses, including your mortgage, rent, food, utilities, or gas. Income deposited into the trust must be used within the month to avoid accumulation, which can threaten your eligibility.
Is a Miller Trust a Good Idea?
You are the only one who can determine if a Miller trust is a good idea, as that’s largely subjective. If you don’t qualify for Medicaid because your income surpasses the state’s income limit, putting a portion of your income into a Miller trust may be a valid solution to your problem. Whether or not it is a good idea depends largely on your medical needs and financial situation.
How Much Does a Miller Trust Cost to Set Up?
There’s no telling how much it may cost you to set up a Miller trust in Florida. Every case is different, and the total cost to you depends largely on the complexity of your financial and medical needs. Your lawyer may charge you a certain amount to establish the irrevocable trust, and you may have to consider ongoing bank account and trustee fees. Incorrect deposits can hurt your eligibility as well, which can cost you dearly.
Hire a Trust Lawyer Today
At the Law Office Of Douglas A. Oberdorfer, P.A., we know what kind of help you will need to put together a valid Miller trust that reflects your Medicaid needs and gives you a chance to take care of your immediate medical necessities. Contact us to speak to someone who can help.
