Fraudulent Transfer and Liability to a Nursing Home (Part 1 of a 4 Part Series)

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Medicaid Attorney

Here’s an interesting case taken up on appeal between a nursing home and the owner of a home who was accused of being part of a fraudulent transfer. The nursing home owners alleged that the defendant(s) violated the Uniform Fraudulent Transfer Act (UFTA), N.J.S.A. 25:2-25, with respect to the transfer of property owned by him to his children 1 ½ years prior to admission to their long term care facility.

At the time the parent executed the deed, he was ninety years old, but was in good physical and mental health, travelled alone overseas every six months, was in control of his own life, and made his own decisions. No one anticipated he would require nursing home care, and neither he nor his children had ever heard of the nursing home and none of them knew anything about the nursing home. The trial testimony was that the father was in good health, was “very sharp”, and had served in the military.

At the time the defendant executed the deed, the home was in poor condition and required extensive repairs. The children verbally agreed with a family friend that this friend would assume responsibility for the property’s improvements, maintenance, and repair upon the transfer of title to the home by the children of the friend.

In my next post I will continue with the facts and outcome of the case.

To discuss your NJ Fraudulent Transfer matter, please contact Fredrick P. Niemann, Esq. toll-free at (855) 376-5291 or email him at  Please ask us about our video conferencing consultations if you are unable to come to our office.

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