Nina Whitehurst

Nina Whitehurst

Planning for peace of mind and wealth preservation.
  • Estate Planning, Elder Law, Probate...
  • Alaska, Arizona, California, Colorado, Oregon, Tennessee
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Summary

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 completing the simple form at the bottom of this page.

Nina Whitehurst, the owner of Cumberland Legacy Law, is a member of Wealth Counsel. 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.

Practice Areas
  • Estate Planning
  • Elder Law
  • Probate
  • Real Estate Law
Jurisdictions Admitted to Practice
Alaska
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Arizona
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California
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Colorado
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Oregon
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Tennessee
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Languages
  • English: Spoken, Written
Professional Experience
Attorney
Cumberland Legacy Law
Current
Education
Arizona State University
J.D. (1986) | Law
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Arizona State University
B.S. (1983) | Accounting
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Honors: Summa Cum Laude
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Awards
AV Preeminent 5.0 out of 5 Peer Review Rated
Martindale-Hubbell
Professional Associations
Wealth Counsel
Member
Current
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State Bar of Tennessee # 037146
Member
- Current
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State Bar of Alaska # 1802010
Member
- Current
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State Bar of Oregon # 172386
Member
- Current
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State Bar of Colorado # 26720
Member
- Current
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State Bar of California # 159873
Member
- Current
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State Bar of Arizona # 011030
Member
- Current
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Speaking Engagements
Wills, Trusts and Nursing Home Asset Protection, Various
Websites & Blogs
Website
Nina Whitehurst, Attorney at Law, Professional Website
Legal Answers
626 Questions Answered

Q. A 24-hour facility hurt my grandparent. Please restore justice and protect my grandparent ASAP.
A: There are attorneys who specialize in nursing home litigation. That is what you should be seeking. If that is not a category, then you can find one doing a search on DuckDuckGo.com (which doesn't track you the way g***le does).
Q. Do I need to open a separate bank account, with its own tax ID number, to deposit income owed to my mother’s estate?
A: For such a small amount, yes, you can accomplish your goal using a small estate affidavit signed by all three of you. Do keep very careful records.
Q. after a conservator turns in detailed financial records of first year to probate court, do they have to do it forever
A: Yes, that is the nature of conservatorships. Conservatorships are avoidable with proper estate planning.
Q. Can an uncle quick claim a piece of property to his nephew in Michigan?
A: Yes, of course. Anybody can quitclaim property they own to another person. Whether or not that is a good idea is an entirely different question. Most of the time it is a bad idea for multiple reasons, including without limitation, loss of control, loss of step up in basis at death, clouding the title with an uninsured deed, creation of Medicaid penalty period, and more. The property owner should consult an experienced estate planning attorney to review better alternatives.
Q. We own property in OH, with other relative who refuses to file will. He is lawyer and is threatening to litigate us.
A: This warrants a complaint to the Ohio State Bar. Here is information on how to file a grievance: https://www.supremecourt.ohio.gov/DisciplinarySys/odc/complaint.asp Don't threaten to file a grievance. Just do it.
Q. Can one stipulate that property children inherit later be divided amongst their living siblings upon their death?
A: Yes that is possible. An estate planning attorney can help you accomplish your goals.
Q. If my Mother gifts me her house. And uses the IRS form 709 on this years taxes. If she passes can the IRS come after me?
A: Your mother needs to see an elder law attorney as soon as possible. She needs to understand that gifting the house to you will create a long penalty period if she needs Medicaid to pay for the nursing home. For your part, you need to understand the loss of step up in basis associated with lifetime gifts. There are other issues. Get personalized legal advise before doing this.
Q. I don't believe my mom had a will. My sister is telling me that my brother gets everything. He is selling it. help me
A: If your mother did not have a will then, no, your brother would not get everything. Click "Find A Lawyer" above and look for a probate attorney in your area and make an appointment. A probate attorney can help you start a intestate administration. If there does happen to be a will, that will smoke it out and at least then you will have certainty, and hiring an experienced attorney will help ensure that the process is done correctly and all above board.
Q. Does a life estate supersede a living trust
A: A revocable living trust only governs the assets that are inside it when the trustor dies. During the trustor's lifetime, the trustor can place items in the trust and take items out as he or she sees fit. It sounds like this trustor took the property out of the trust and disposed of the remainder interest during his or her lifetime. If that is the case, the disposition of the property will be governed by the deed that created the remainder interest, reserving the life estate.
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Contact & Map
Cumberland Legacy Law
330 Ridgeline Dr.
Crossville, TN 38571
USA
Telephone: (931) 250-8585