Legal Question in Elder Law in Georgia

Miller Trust Fund

My friend is a 92 year old lady who was recently placed in an assisted living facility. Her family put her home in a Miller Trust Fund. She has pensions from 2 retirements and Social Security (I don't know how much.) At her age, is the MTF the best way for her? My understanding is that the state will get whatever is left of the value of her home upon her death and none will be refunded to the family. Because of other issues I am concerned that her son and his wife are not looking out for her best interest.


Asked on 1/03/05, 11:51 am

1 Answer from Attorneys

Christopher Ballar Christopher A. Ballar PC

Re: Miller Trust Fund

Only income is placed in a Miller Trust. Real estate should not be placed in a Miller Trust. Real estate in a Miller Trust will most likely cause the Medicaid recipient to lose benefits. Medicaid will not pay for an assited living facility so executing a Miller trust would not be necessary.

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Answered on 1/03/05, 1:21 pm

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