How Much Does It Cost to Set Up a Miller Trust in Tennessee?
An elder-law attorney typically charges $1,000–$2,500 to research Tennessee's Qualified Income Trust requirements and draft the trust — Tennessee publishes no fill-in form, so drafting happens either way. This $97 kit is the research part: TennCare's own requirements, cited clause by clause, so the attorney's fee reflects drafting alone. This kit does not draft the trust or advise on your specific situation — it is informational only, not legal advice.
What an attorney typically charges
An elder-law attorney typically charges $1,000–$2,500 to research Tennessee's requirements and draft the trust — and because Tennessee publishes no fill-in form, that research-and-draft work happens either way.
What the $97 kit covers instead
This kit is the research part of that engagement: TennCare's own requirements, explained clause by clause and cited to TennCare ABD Manual, Policy No. 110.055, Chapter "ABD Trusts," Section 4.h ("Qualified Income Trust (QIT) or Miller Trust"), effective 05/01/2026; Tenn. Comp. R. & Regs. 1200-13-20-.06(h) ("Qualifying Income Trusts (QIT) for Institutional and ECF CHOICES Applicants"); cross-referenced by 1200-13-20-.08(5) (Aged, Blind or Disabled Categories) and by Policy No. 115.015, "Institutional Medicaid" (revised 01/05/2026), which states the Medicaid Income Cap (MIC) directly: "The MIC is $2,982 effective 01/01/2026"; federal authority 42 U.S.C. § 1396p(d)(4)(B), so an attorney's fee reflects drafting alone instead of research plus drafting.
When the attorney's fee is worth it anyway: significant assets, prior gifting, a second marriage, or multi-state property. Those are fact-specific questions this kit does not answer — for them, consult a Tennessee-licensed elder-law attorney regardless of which route you take on the trust itself.
The trust's money and the kit's price are separate
A Tennessee Miller Trust holds only the applicant's income and pays only for the applicant's own care — it is never used to pay this kit's price or an attorney's fee. Whatever you spend to set the trust up happens outside the trust.
The Tennessee denial traps that cost families a month of coverage
Most denials are paperwork, not eligibility. This free one-pager lists every TennCare denial trap with the citation behind it — emailed now. We'll also send 4 short follow-ups over the next 3 weeks (the bank step, the trustee role, when to call an attorney) — then we stop. No ongoing newsletter.
Common questions
- Is a Miller Trust cheaper than hiring a lawyer in Tennessee?
- Usually, yes, for the core setup. An elder-law attorney typically charges $1,000–$2,500 for the same work — for complex estates (significant assets, prior gifting, a second marriage, multi-state property), the attorney's fee is worth it regardless of how the trust itself gets set up.
- Does setting up the trust cost money out of the trust itself?
- No. a Tennessee Miller Trust holds only the applicant's own income and pays only for the applicant's own care. Whatever it costs to set the trust up — an attorney's fee or anything else — is separate from the money that flows through the trust each month.