A Solution When Income Exceeds Medicaid Limits

If your income is too high to qualify for Medicaid, it does not necessarily mean you are ineligible.


A Qualified Income Trust (QIT), also known as a Miller Trust, is a legal tool that can help you meet Medicaid income requirements while still accessing the care you need.



At the Law Office of Jessica Lynn Silva, we help clients properly establish and manage Qualified Income Trusts so they can move forward with clarity and confidence.

Serving clients throughout Florida and beyond. Virtual consultations available.

Wills

A will outlines how your assets should be distributed after your passing and allows you to name guardians for minor children.



Wills typically go through probate, which means the court oversees the administration and distribution of your estate.

Trusts

A trust is a legal structure that allows assets to be managed and distributed according to your instructions.


Depending on how it is set up, a trust can:

  • avoid probate
  • provide privacy
  • allow for more control over how and when assets are distributed
  • support long-term planning strategies


What Is a Qualified Income Trust?

A Qualified Income Trust is a specific type of trust used to hold income that exceeds Medicaid eligibility limits.

Florida Qualified Income Trust

By directing excess income into the trust, individuals may be able to qualify for Medicaid benefits that would otherwise be unavailable.


This is a common and effective solution for individuals who:

  • exceed Medicaid income limits
  • need long-term care coverage
  • want to access benefits without unnecessary delays



How It Works

A Qualified Income Trust is structured to receive income — such as Social Security, pensions, or other sources — and allocate it according to Medicaid requirements.


This allows:

  • compliance with Medicaid income rules
  • proper handling of excess income
  • eligibility for long-term care benefits


The process must be set up and maintained correctly to remain compliant.

Why Proper Setup Matters

Qualified Income Trusts are governed by strict rules.

If not properly structured or managed, it can result in:

  • delays in Medicaid approval
  • denial of benefits
  • compliance issues


Working with an experienced attorney ensures the trust is:

  • correctly established
  • properly funded
  • aligned with Medicaid requirements
  • integrated into your overall planning strategy


Part of a Larger Medicaid Strategy

A Qualified Income Trust is often just one piece of the overall plan.


We help ensure it works alongside:

  • Medicaid planning strategies
  • asset preservation planning
  • application assistance
  • long-term care planning



This creates a cohesive and effective approach.

Florida-Specific Requirements

Qualified Income Trusts must comply with Florida Medicaid rules.


The Law Office of Jessica Lynn Silva works with:

  • Florida residents
  • out-of-state family members assisting loved ones in Florida
  • individuals relocating to Florida
  • families managing Florida-based care and assets


This ensures your trust is properly structured and fully compliant.

Work With Us From Anywhere

You do not need to be located near one of our offices to set up a Qualified Income Trust.


We provide a streamlined, efficient process that allows you to receive guidance and complete the necessary steps without needing to be physically present.

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There May Be a Solution — Even If You Exceed Income Limits

If you have been told your income is too high for Medicaid, a Qualified Income Trust may provide a path forward.

Have questions or not sure what is right for you? Send us a message using the form below.

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FAQ

Frequently asked questions

  • What happens if my income is too high for Medicaid?

    A Qualified Income Trust may allow you to meet eligibility requirements by properly structuring excess income.

  • Do I lose control of my income?

    The income must be handled according to Medicaid rules, but the structure is designed to support eligibility while maintaining compliance.

  • Is a Qualified Income Trust permanent?

    It is typically used as long as Medicaid eligibility is needed and must be maintained correctly throughout that time.

  • Can this be set up quickly?

    In many cases, yes — especially in urgent situations where care is already needed.