I might have to put my husband’s equity of mineral interests into a Miller Trust to qualify for Medicaid for nursing home. Who would I contact to figure the interest? It would be for 331N 1W, 321N 1W & 28 1N 1W Thank you for your help!
Suggest that you contact an Oklahoma attorney to get the trust set up properly. There are several listed in the Directories tab above.
If the minerals are producing but paying about $2,000 per year, then the assets will not count as his asset. If your husband transfers the property to you, then the income does not need to go into a Miller trust.
An income of a spouse of someone receiving Medicaid nursing home benefits is unlimited.
The important thing is to not take advice from the DHS caseworker. Not that they are dishonest, but there may be much better solutions.
You might want to visit with an Elder Law attorney in Corpus Christi. Make sure they know the Texas Medicaid rules. Generally speaking, one spouse can deed property to another without being penalized.
Thank you for these helpful comments!
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