Cumberland Legacy Law* provides the highest quality Estate Planning for clients in Alaska, Arizona, California, Colorado, Oregon and Tennessee. Whether you need a sophisticated strategy for minimizing or avoiding estate taxes and providing maximum possible asset protection, or just a simple will or trust to ensure your assets are distributed in accordance with your wishes, or anything in between, we are here to help you and your loved ones.
We present seminars on a variety of Estate Planning and Elder Law topics; call us if you want to be on our seminar mailing list, or subscribe to our newsletter by jotting a quick note to us.
Nina Whitehurst, the owner of Cumberland Legacy Law, is a member of Wealth Counsel, Elder Counsel and the National Association of Elder Law Attorneys, all national estate planning attorney organizations. She is continually upgrading and updating her knowledge of estate planning law through seminars and being an active member of several estate planning attorney email list serves. Her husband, Brian Whitehurst, is the firm's marketing coordinator. Nina Lamothe is the firm's documentation paralegal.
*Cumberland Legacy Law is not a public legal aid society.
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No legal advice is provided prior to engagement. You will know when you have engaged an attorney because you will have signed a fee agreement and will have provided a deposit for legal fees.
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- Cumberland Legacy Law
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- Sandra Day O'Connor College of Law, Arizona State University
- J.D. (1986) | Law
- Honors: summa cum laude
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- Arizona State University
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- Honors: summa cum laude
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- 3 Common Probate Questions: Estate Planning Basics
- Cumberland Legacy Law Blog
- 6 Facets of Estate Planning That LGBTQ+ Couples Should Know
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- Wills, Trusts and Nursing Home Asset Protection, Various
Medicaid Compliant Annuities vs. Promissory Notes in Crisis Planning | Elder Law Interview
- Q. Can an executor get help paying estate creditors?
- A: You should probably hire an attorney to help you navigate this probate case. That is the best help you can obtain.
If you mean financial help, theoretically you could obtain a loan to the estate to pay claims, to be paid back when the estate settles, that that is usually not necessary. The usual solution is to sell assets of the estate and use the proceeds to pay creditor claims against the estate,
- Q. Can single adults buy their own principal residence in Tennessee solely as cash buyers without cosigners?
- A: If you are an all cash buyer, then you are not using a loan to buy the property, making the lending requirements of a hypothetical lender irrelevant. If you are paying with part cash and part loan, then you will need to comply with the lender's requirements, of course. Lenders do not automatically require a co-signer for every loan to a single person. They only require co-signers or guarantors (which are two different things) when the single applicant for the loan does not qualify for the loan based upon his or her own income and credit history.
- Q. Why is the other party opening an estate for my deceased husband, and am I liable for anything?
- A: The auto accident liability case is a potential claim against your husband's estate. Yes, your husband's auto insurance might end up actually paying the claim, but the legal mechanism for presenting claims against a decedent is to file them in the probate case. If you had opened a probate, which you could have done, then they would have simply filed the claim in that case. It appears that you did not open a probate so the claimant had no choice but to open the case without you because there are very short and strict deadlines for filing claims against deceased persons.
You should notify your husband's auto insurance company and his former employer that this is happening. ... Read More
