Bergman v. N.D. Department of Human Services (In re Estate of Bergman), 688 N.W. 2d 187 (N.D. 2004)

Carl Bergman had an annuity account which he transferred to his wife after he was admitted to a nursing home. After Lucille, his wife, was diagnosed with cancer, she gifted those assets to their children. Following Lucille’s death, the State filed an estate recovery claim in Lucille’s estate relating to payments made for Carl’s care. The trial court found there was nothing in Carl’s probate estate at the time of his death and, therefore, the claim was denied. On appeal, the Court reversed finding that the State could trace assets transferred from an institutionalized spouse to a community spouse. The court also found that the transfer from Lucille to her children could be voided as a fraudulent conveyance.