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Miller Trust Planning

Miller Trust Planning for Long-Term Care

Clear guidance to help you qualify for long-term care benefits

Texas is an “income-cap” state for Medicaid long-term care benefits. This means that if a senior’s monthly income is even one dollar over the Medicaid limit, they cannot qualify for nursing home or certain in-home care benefits—unless a very specific legal tool is put in place. That tool is a Miller Trust, also known as a Qualified Income Trust (QIT).


Many families are surprised to learn that excess income does not make care unaffordable. With a properly drafted and administered Miller Trust, seniors can still qualify for Medicaid long-term care, even when their income exceeds the cap. At Wendler Law Group, we help clients establish these trusts correctly, explain how to use them, and ensure they remain in compliance with Texas regulations.


Our focus is on making this process clear, manageable, and stress-free. We guide you through each step so that income eligibility never becomes a barrier to receiving the care your loved one needs.

Our legal team is here to guide you through Powers of Attorney and Healthcare Directives with care and precision. Call us Today! (409) 923-9529

Our Miller Trust Services Include

By putting these documents in place, you take the burden off your loved ones and prevent confusion or disputes during already stressful times. They also give you the ability to clearly choose who should make decisions, rather than leaving it up to a court.

Common Powers of Attorney & Healthcare Directives in Texas

Drafting a Legally-Compliant Miller Trust

Preparation of a trust document that satisfies all Texas Medicaid requirements, including proper structure, funding, and beneficiary designations.

Establishing the Trust Account

Guidance on opening and managing the dedicated trust checking account required for depositing the beneficiary’s income.

Coordination With Medicaid Applications

Ensuring the trust is properly implemented and documented as part of a long-term care Medicaid application.

Instruction on Monthly Administration

Clear explanation of what income must flow through the trust, how expenses are paid, and how to remain in compliance with Medicaid rules.

Review of Existing Miller Trusts

Analysis of pre-established QITs to confirm compliance and resolve issues that could jeopardize eligibility.

Integration With Other Planning Tools

Combining the Miller Trust with asset-protection planning, spend-down strategies, and VA Aid & Attendance benefits when appropriate.

Why Choose Wendler Law Group?

Medicaid income rules can be confusing, and mistakes in setting up a Miller Trust can delay or prevent approval for long-term care benefits. At Wendler Law Group, we take the time to explain every step clearly, answer your questions, and ensure the trust is created and administered correctly. Our goal is to protect your eligibility, preserve your resources, and give your family confidence that the care you need will remain within reach.

Start Today. Contact our firm at (409) 923-9529 to discuss your needs.

Protect Your Loved One’s Future Today.

Our team is ready to guide you with clarity and care.