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.
1 Answer from Attorneys
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.
Related Questions & Answers
Out of state willI Is a will created in New York State valid in georgia? If so meone... Asked 10/04/04, 11:59 pm in United States Georgia Elder Law
Property Taken By Joint Tenancy My uncle and aunt land was taken from them by their... Asked 9/21/04, 10:18 am in United States Georgia Elder Law
Medicaid transfer rules If an elder parent has transferred ownership of a house that... Asked 9/09/04, 12:21 am in United States Georgia Elder Law
Spouse of nursing home patient If a man becomes incapacited due to problems with... Asked 9/16/03, 2:43 pm in United States Georgia Elder Law
Durable P.O.A. I presently have durable P.O.A. of a patient in the late stages of... Asked 3/12/03, 12:29 pm in United States Georgia Elder Law