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 guide is the research part: TennCare's own requirements, cited clause by clause, so the attorney's fee reflects drafting alone. This guide 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 guide covers instead
This guide 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 guide 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 guide'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 guide's price or an attorney's fee. Whatever you spend to set the trust up happens outside the trust.
Before you go to the Tennessee bank
Most wasted trips are a bank-procedure problem, not a trust problem. This free one-pager has the questions to ask on the phone before you drive to a branch — emailed now. We'll also send 4 short follow-ups over the next 3 weeks (why most denials are paperwork not eligibility, 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.