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Miller Trust Guide
IN · Guide

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 an 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. An 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 an 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 — because the packet itself gives no walkthrough; the kit fills that gap with the step-by-step instructions, funding worksheet, and policy citations FSSA's packet doesn't include, 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.

The step that isn't really paperwork

Opening the bank account is where families actually lose time — most branches have never opened this kind of trust account before. Free one-pager: the questions to ask before you drive to a branch, emailed now. Then 4 more short emails over 3 weeks — then we stop. No ongoing newsletter.

Email only — we never ask for income, age, or family details, and never sell your address.

Common questions

What do you need before you start setting up an Indiana Miller Trust?
Proof of the applicant's gross monthly income (a Social Security award letter, pension statements), and confirmation that income is actually over Indiana's $2,982/month cap — a Miller Trust only matters if both are true. Knowing who will serve as trustee ahead of time also speeds up the rest of the process, since Indiana does not allow the applicant to fill that role.
Is the Indiana Miller Trust process the same as in other states?
The shape is similar everywhere — get the trust document, name a trustee, open a dedicated bank account, fund it, and submit it to Medicaid — but the specifics underneath vary by state: the exact form or requirements, the income cap, whether an EIN is needed, and the agency's own submission process. This guide covers Indiana's specifics.