Do you need an EIN to open a New Jersey Miller Trust account?

Confirmed by DMAHS (Memo to NJ Banks + 'What Medicaid Applicants Need to Tell a Bank'): a QIT is established using the beneficiary's Social Security number — an EIN is NOT required. A Miller-type/QIT is a grantor trust under IRC § 671 and is reported under the SSN; banks can verify via IRS IRM 21.7.13 (Treas. Reg. 301.6109-1(d)(2)). DMAHS provides a printable bank memo confirming this. The account must be a checking account with no minimum-balance requirement; an opening deposit up to $20 is allowed and monthly fees should stay under $20.

Do you need a lawyer to open a New Jersey Miller Trust bank account?

No. New Jersey Division of Medical Assistance and Health Services does not require legal representation to open the account. If a branch insists, that is a bank-policy stance, not a Medicaid rule — escalate to the bank's trust department or use a community bank or credit union. For advice on your specific situation, consult a New Jersey-licensed elder-law attorney.

NJ · Guide Last reviewed 2026-05-31

What to Say at the Bank When Opening a Miller Trust Account in New Jersey

When you open a Miller Trust account in New Jersey, expect the branch to hesitate — most have never opened a Qualified Income Trust account, and many ask for an attorney or a tax ID (EIN) you do not need. You do not need a lawyer to open the account, and a New Jersey QIT is set up using the beneficiary's Social Security number, not an EIN. Below are the 5 refusals New Jersey families hit most often and exactly what to say to each — every response is backed by DMAHS's own published guidance.

Why the bank says no

Opening a New Jersey Miller Trust account is not legally complicated, but it is unfamiliar to most branch staff — they rarely see a Qualified Income Trust, so the default reaction is caution. The fix is almost never arguing; it is handing the branch the right DMAHS document and asking for the right account type. Below are the 5 refusals families hit most often in New Jersey.

Refusal 1

Branch demands an EIN / tax ID for the trust

What to say: A QIT is established with the beneficiary's Social Security number — an EIN is NOT required. A Miller-type trust is a grantor trust under IRC § 671, reported under the SSN. Hand the officer DMAHS's bank memo, which points the bank to the IRS verification page (IRS IRM 21.7.13) confirming no EIN is assigned for a Miller-type trust.

Bring: DMAHS 'Memo to NJ Banks' (cites IRS IRM 21.7.13 / Treas. Reg. 301.6109-1(d)(2))

Refusal 2

Branch doesn't know how to title the account or which account type

What to say: It is a checking account with no minimum-balance requirement, titled like: 'The [Beneficiary] Irrevocable Qualified Income Trust Account, [Trustee], Trustee.' The trustee makes monthly deposits and pays approved expenses; almost all funds are depleted each month.

Bring: DMAHS 'Memo to NJ Banks' (titling example + checking/no-minimum-balance requirement)

Refusal 3

Branch insists on a large opening deposit or minimum balance

What to say: DMAHS specifies an account with no minimum balance; an initial deposit of up to $20 may be used to open it, and monthly fees should stay under $20. Thereafter only the beneficiary's income is deposited.

Bring: DMAHS 'Memo to NJ Banks' / 'What Medicaid Applicants Need to Tell a Bank'; QIT instrument ($20 bank fee); FAQ #21

Refusal 4

Branch has never opened a QIT / Miller Trust account

What to say: Hand the officer the DMAHS bank memo (the State sent NJ banks notice of QITs via their Association). It is a routine dedicated checking account the trustee manages; ask for the branch's trust department if the retail desk cannot open it.

Bring: DMAHS 'Memo to NJ Banks'

Refusal 5

Branch questions who may open it / reviews the POA

What to say: The beneficiary, their legal guardian, conservator, or Power-of-Attorney agent may establish the QIT. Per DMAHS, a POA granting general authority over financial or health-care affairs is sufficient to establish a QIT. Bring ID and the guardianship/POA document.

Bring: DMAHS 'Memo to NJ Banks'; FAQ #13, #14

If the branch still won't open it

Ask for the bank's trust department, or switch to a community bank or credit union — their account opening tends to involve a human review rather than a screen-driven template, so they accommodate unusual account types more readily. The account itself is ordinary: a dedicated checking account titled to the trust, opened with the beneficiary's Social Security number.

Common questions

Do you need an EIN to open a New Jersey Miller Trust account?: Confirmed by DMAHS (Memo to NJ Banks + 'What Medicaid Applicants Need to Tell a Bank'): a QIT is established using the beneficiary's Social Security number — an EIN is NOT required. A Miller-type/QIT is a grantor trust under IRC § 671 and is reported under the SSN; banks can verify via IRS IRM 21.7.13 (Treas. Reg. 301.6109-1(d)(2)). DMAHS provides a printable bank memo confirming this. The account must be a checking account with no minimum-balance requirement; an opening deposit up to $20 is allowed and monthly fees should stay under $20.
Do you need a lawyer to open a New Jersey Miller Trust bank account?: No. New Jersey Division of Medical Assistance and Health Services does not require legal representation to open the account. If a branch insists, that is a bank-policy stance, not a Medicaid rule — escalate to the bank's trust department or use a community bank or credit union. For advice on your specific situation, consult a New Jersey-licensed elder-law attorney.