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Miller Trust Guide
IN · Guide Last reviewed

How to Set Up a Miller Trust in Indiana: Step by Step

To set up a Miller Trust in Indiana, you complete the official FSSA Qualified Income Trust template, name a trustee who is not the applicant, open a dedicated trust bank account, and deposit the applicant's income into it in the same calendar month you want coverage to begin. The trust diverts income above Indiana's $2,982/month long-term-care Medicaid cap (CMS January 2026 figures) so the applicant qualifies. For the core setup this is a paperwork-and-banking task most families handle themselves; for complex estates, consult a Indiana-licensed elder-law attorney. This guide is informational only and is not legal advice — we explain how to use FSSA's own published form; we do not draft it.

Setting up a Miller Trust in Indiana is an operational task, not a legal one, as long as you use Indiana Family and Social Services Administration's own published template and do not deviate from it. Here is the full sequence, with the FSSA fact behind each step.

  1. Confirm the applicant's income is over the Indiana cap

    A Qualified Income Trust only helps when monthly countable income exceeds Indiana's long-term-care Medicaid limit — $2,982/month single, $5,964/month for a couple where both apply (CMS January 2026 figures). If income is under the cap, a Miller Trust usually is not needed.

  2. Download the official FSSA QIT template

    Get the model Qualified Income Trust instrument directly from Indiana Family and Social Services Administration on its .gov site. Indiana's Family and Social Services Administration (FSSA), Office of Medicaid Policy and Planning (OMPP), publishes an approved Qualified Income Trust (Miller Trust) template — an irrevocable trust funded only with the beneficiary's income that names the Indiana FSSA as remainder beneficiary up to the total medical assistance paid, governed by the Indiana Trust Code (IC 30-4). We never draft or host the trust text — you use the state's own published form.

  3. Fill in the fields the template asks for

    Complete the data fields the FSSA form requests — the applicant's name, date of birth, Social Security number, and each income source (Social Security, pension, and so on) — following the instructions printed on the template.

  4. Name a trustee who is not the applicant

    Indiana's official documents do not restrict who may serve as trustee — the FSSA template imposes no named restriction and does not bar the applicant or spouse from serving.

  5. Open the dedicated trust bank account

    Open a dedicated bank account titled to the trust. A Indiana QIT is set up with the beneficiary's Social Security number — no EIN is required. Branches commonly hesitate, so know what to say before you go.

  6. Fund the trust in the same calendar month

    Deposit enough of the applicant's income into the trust account to bring remaining countable income below $2,982 — in the same calendar month you want coverage to start. FSSA does not back-date, so the month you fund is the earliest month eligibility can begin.

  7. Distribute monthly and keep records

    Each month the trustee pays out only the allowed items (personal-needs allowance, any spousal allowance, medical costs and cost-share) and keeps the named income sources flowing into the account. Staying inside FSSA's rules each month is what keeps benefits from being pulled.

The two steps families get stuck on are opening the bank account in Indiana and funding the trust before the calendar month closes — see how long setting up a Indiana Miller Trust takes for the timing rules.

Get the official FSSA template

Download the model Qualified Income Trust instrument directly from Indiana Family and Social Services Administration: FSSA Qualified Income Trust template . Indiana's Family and Social Services Administration (FSSA), Office of Medicaid Policy and Planning (OMPP), publishes an approved Qualified Income Trust (Miller Trust) template — an irrevocable trust funded only with the beneficiary's income that names the Indiana FSSA as remainder beneficiary up to the total medical assistance paid, governed by the Indiana Trust Code (IC 30-4). FSSA's Instructional Packet provides the template and notes it is intended to be completed by the applicant's attorney or legal counsel; the kit explains how the published form works and links you to FSSA's own materials. Indiana is one of only two states (with New Jersey) that publishes an official memo telling banks how to open the account.