What Happens to a Miller Trust When the Beneficiary Dies in Mississippi?
When the beneficiary of a Mississippi Miller Trust dies, money left in the trust does not pass to the family like an ordinary inheritance. On the claimant's death the trust terminates and the trustee gives the Division of Medicaid written notice, then pays the accumulated trust income to the 'Division of Medicaid, State of Mississippi,' up to the total medical assistance the Division of Medicaid paid on the claimant's behalf that has not previously been repaid. The same payback occurs at each annual review if income has accumulated in the trust, and when Medicaid eligibility ends, when income no longer exceeds the limit, or when the trust is otherwise terminated. The Division of Medicaid notifies the trustee of the amount due; payment and correspondence may be mailed to the Mississippi Division of Medicaid, P.O. Box 2222, Jackson, MS 39225. Only the balance remaining after the Division of Medicaid is reimbursed goes to the claimant's other beneficiaries. The trustee should resolve the State's claim before distributing any balance and keep proof of payment. Because most of the applicant's income flows through the trust each month to pay for care, the balance remaining at death is usually small. This guide is informational only and is not legal advice.
Why the money doesn't just pass to the family
A Miller Trust is the mechanism that let the applicant qualify for Medicaid despite income over the CMS January 2026 figures cap of $2,982/month. In exchange, the trust is set up so that whatever remains when the beneficiary dies is first used to reimburse the state for the care Medicaid paid for. That is a condition of using the trust, not a penalty.
Why the trust is irrevocable
A Qualified Income Trust only works if it is irrevocable: the applicant cannot pull the money back out for other purposes, and the trustee can only make the distributions Mississippi Medicaid allows. That is what lets the diverted income go uncounted for eligibility.
What's usually left
In practice the balance at death is often small. Most of the applicant's income flows into the trust and back out again each month to pay the personal-needs allowance and the applicant's share of care — so the trust is a pass-through, not a place where money piles up.
Common questions
- Who gets the money left in a Mississippi Miller Trust after the beneficiary dies?
- On the claimant's death the trust terminates and the trustee gives the Division of Medicaid written notice, then pays the accumulated trust income to the 'Division of Medicaid, State of Mississippi,' up to the total medical assistance the Division of Medicaid paid on the claimant's behalf that has not previously been repaid. The same payback occurs at each annual review if income has accumulated in the trust, and when Medicaid eligibility ends, when income no longer exceeds the limit, or when the trust is otherwise terminated. The Division of Medicaid notifies the trustee of the amount due; payment and correspondence may be mailed to the Mississippi Division of Medicaid, P.O. Box 2222, Jackson, MS 39225. Only the balance remaining after the Division of Medicaid is reimbursed goes to the claimant's other beneficiaries. The trustee should resolve the State's claim before distributing any balance and keep proof of payment.