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The Nursing Home Case/A Win for The Little Guy
Published on 04/05/09 11:59AM by Bruce A. BierhansAn update on my recent blog regarding the Nursing Home case I tried in Dedham three weeks ago. You may recall that the Nursing Home sued the sons , who had received a conveyance of the family home three years before the father required nursing home care. The facility argued that the conveyance was fraudulent and sought to set it aside.
The trial judges decision issued this morning. The court first ruled that the contract claim against the father for services received was legitimate. This issue had previously been decided in favor of the facility and we knew this was the likely result on that Count.
HOWEVER, the court also ruled that the facility FAILED to meet their burden of proving fraudulent intent regarding the earlier transfer. This was the primary issue that was tried. As the court stated, "The mere transfer of property between elderly parents and their children, without more, does not establish a fraudulent intent. The nursing home has failed to meet its burden."
Of course, the nursing home can appeal. But...it's always a nice day when the system works for the little guy!