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Miller Trust Accont in State of Delaware. I have been to 2 different lawyers regarding a Miller Trust account for my Mom. She recently qualified for Medicaid after being in a Nursing home since October 2013. I paid down her bank account and have put her home on the market. At this point she is still below the monthly limit. I still have outstanding bills for her to be paid monthly until the house sells.

She has a no cash value life insurance policy. Once the house is sold - I would like to take the profits and finalize funeral arrangements. Can this money be put into a Miller Trust account and withdrawn when the time comes.

I am so confused about the Miller Trust - can I continue to pay oustanding bills for her out of this account...

I was told that when the house sales she would go off medicaid for a couple of months and be private pay and go back to Medicaid. I already had to do priviate pay when Medicare ran out. By the way she was admitted with a broken neck and hip.

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Miller is usually done for those who could otherwise qualify for Medicaid except their monthly income is just too high that takes them over your state's income ceiling/maximum for Medicaid and they have already spent down their assets. If her monthly income is below whatever Delaware has for Medicaid, I, too, don't see why she needs Miller done.

Now realize that once the house sells all the proceeds from the sale of the house have to be used for paying for her care and her needs. Please check with her Medicaid caseworker to see just how Delaware deals with her increased assets due to the sale of the house…some states suspend their Medicaid and mom private pays till she is back to the under the asset limit; other states want to do a "clawback" of all the costs the state has spent on her & paid by Medicaid, so you will not have all the proceeds from the sale of the house to be able to use. Whatever the case, you need to find out exactly what Delaware wants & expects to be done for mom to stay on Medicaid without a problem.

So what has been happening with mom's SOC (her co-pay or share of cost) for the months @ the NH she was on Medicaid? This is getting paid, correct? If you're not sure please check with the business office @ the NH to make sure all is current and OK for mom's SOC.
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I really don't see the point of a Miller's Trust at this late date. You would be allowed to pre-pay a funeral contract, and of course you pay off the bills for the house with the house proceeds. Other spend down items are allowable under Delaware Medicaid rules, for her personal needs, but please, no gifts to anyone.
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