How to Set Up a Miller Trust in New Jersey: Step by Step
To set up a Miller Trust in New Jersey, you complete the official DMAHS 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 New Jersey'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 New Jersey-licensed elder-law attorney. This guide is informational only and is not legal advice — we explain how to use DMAHS's own published form; we do not draft it.
Setting up a Miller Trust in New Jersey is an operational task, not a legal one, as long as you use New Jersey Division of Medical Assistance and Health Services's own published template and do not deviate from it. Here is the full sequence, with the DMAHS fact behind each step.
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Confirm the applicant's income is over the New Jersey cap
A Qualified Income Trust only helps when monthly countable income exceeds New Jersey'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.
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Download the official DMAHS QIT template
Get the model Qualified Income Trust instrument directly from New Jersey Division of Medical Assistance and Health Services on its .gov site. DMAHS publishes a fillable model QIT instrument (included at the end of its QIT information document) that 'meets the basic DMAHS requirements for a QIT when properly completed,' and explicitly notes it is not the only acceptable QIT form. We never draft or host the trust text — you use the state's own published form.
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Fill in the fields the template asks for
Complete the data fields the DMAHS 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.
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Name a trustee who is not the applicant
Per DMAHS, the trustee must be someone other than the Medicaid applicant/recipient — the primary beneficiary may not serve as Trustee.
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Open the dedicated trust bank account
Open a dedicated bank account titled to the trust. A New Jersey 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.
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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. DMAHS does not back-date, so the month you fund is the earliest month eligibility can begin.
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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 DMAHS's rules each month is what keeps benefits from being pulled.
The two steps families get stuck on are opening the bank account in New Jersey and funding the trust before the calendar month closes — see how long setting up a New Jersey Miller Trust takes for the timing rules.
Get the official DMAHS template
Download the model Qualified Income Trust instrument directly from New Jersey Division of Medical Assistance and Health Services: DMAHS Qualified Income Trust template . DMAHS publishes a fillable model QIT instrument (included at the end of its QIT information document) that 'meets the basic DMAHS requirements for a QIT when properly completed,' and explicitly notes it is not the only acceptable QIT form. DMAHS posts the template in a fillable format for ease of use that can be printed out; a QIT may also be drafted by a lawyer.