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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Claimed Lawyer ProfileQ&AResponsive Law
Biography

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.

Practice Areas
    Estate Planning
    Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
    Elder Law
    Probate
    Probate Administration
    Real Estate Law
    Commercial Real Estate, Condominiums, Easements, Mortgages, Residential Real Estate
Fees
  • Credit Cards Accepted
  • Rates, Retainers and Additional Information
    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.
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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US District Court, District of Arizona
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Languages
  • English: Spoken, Written
Professional Experience
Attorney
Cumberland Legacy Law
Current
Education
Sandra Day O'Connor College of Law, Arizona State University
J.D. (1986) | Law
Honors: summa cum laude
Sandra Day O'Connor College of Law, Arizona State University Logo
Arizona State University
B.S. (1983) | Accounting
Honors: summa cum laude
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Awards
AV Preeminent Peer Rating
Martindale-Hubbell
2017-2023
Client Champion - GOLD
Martindale Hubbell
10.0 Superb Rating
Avvo
Client Champion - SILVER
Martindale-Hubbell Lawyer Services
Distinguished Lawyer
Expert Network
Professional Associations
Wealth Counsel
Member
Current
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ElderCounsel
Member
Current
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National Association of Elder Law Attorneys
Member
Current
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Siskiyou County Bar Association
Member
Current
Activities: President 2017-2018
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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
Activities: Business Law News, Business Law Section; Executive Committee, Business Law Section
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State Bar of Arizona  # 011030
Member
- Current
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Experimental Aircraft Association Chapter 654
Director and Secretary
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Publications
Articles & Publications
3 Common Probate Questions: Estate Planning Basics
Cumberland Legacy Law Blog
6 Facets of Estate Planning That LGBTQ+ Couples Should Know
Cumberland Legacy Law Blog
8 Frequently Asked Questions on Last Wills and Testaments
Cumberland Legacy Law Blog
Affordable Housing Options for Low-Income Older Adults
Cumberland Legacy Law Blog
Do You Need a HIPAA Release?
Cumberland Legacy Law Blog
Do You Need a Spendthrift Trust?
Cumberland Legacy Law Blog
Do You Need a Trust?: Estate Planning Q&A
Cumberland Legacy Law Blog
Home Health Services Underutilized by Seniors, Study Shows
Cumberland Legacy Law Blog
Is "Aging in Place" Right for Me?
Cumberland Legacy Law Blog
Lady Bird Deeds: A Different Kind of Life Estate
Cumberland Legacy Law Blog
Medicare Extra Help Program Set to Expand in 2024
Cumberland Legacy Law Blog
Should I Explore Qualified Longevity Annuity Contracts?
Cumberland Legacy Law Blog
Some States Testing Out Medicaid Coverage for Healthy Food
Cumberland Legacy Law Blog
The Consequences of Not Paying Your Property Taxes
Cumberland Legacy Law Blog
What Are the Drawbacks of Naming Beneficiaries?
Cumberland Legacy Law Blog
When Does Someone Need Financial Guardianship?
Cumberland Legacy Law Blog
Which Should I Choose? Nursing Home Care vs. Hospice Care
Cumberland Legacy Law Blog
Will Robotics and AI Be the Future of Elder Care?
Cumberland Legacy Law Blog
Speaking Engagements
Wills, Trusts and Nursing Home Asset Protection, Various
Websites & Blogs
Website
Cumberland Legacy Law
Website
Nina Whitehurst's Firm Profile
Blog
Nina Whitehurst, Attorney at Law, Professional Blog
Legal Answers
1534 Questions Answered
Q. I want to know if I can gift my car and IRA account to my disabled child without a penalty from medicaid.
A: The car is easy. Just transfer the title to your child, but only do this if your child is capable of managing a car. If he/she is not, then see an estate planning attorney about other options.

The IRA is not so easy. If you cash out the IRA and retitle it to your child, that will be a taxable event. You will want to be sure to withhold enough to pay the taxes on that amount of income coming at you all at once. That might or might not be a good move.

Medicaid qualification, for most people, is not a do-it-yourself endeavor. You should contact an elder law attorney to assist with this. There are many techniques that can be used to accelerate Medicaid qualification and preserve assets, but every case is different so there is no one-size-fits all solution. ... Read More
Q. I was told that any amendment to a trust will not go into effect for 5 years from the date of the amendment. True or not
A: Trust amendments usually have immediate effect. More likely than not there is a misunderstanding regarding what you were told.

Ultimately the only way an attorney can give you actual, personalized advice on this issue would be to review the trust and the amendment and discuss with you what the intended purpose of the amendment was.
Q. I need help answering a petition filed against my deceased mother's property in accordance to K S.A 79-2801
A: There is no “answer” that can be provided to your question because we have no idea what the petition is about. Also, attorneys in this forum are not allowed to solicit clients. This means that no attorney can write “contact me”.

But you can contact an attorney in your area yourself using the Find a Lawyer feature.
View More Answers
Contact & Map
Cumberland Legacy Law
330 Ridgeline Dr.
Crossville, TN 38571
Telephone: (931) 250-8585
Monday: 9 AM - 3 PM
Tuesday: 9 AM - 3 PM
Wednesday: 9 AM - 3 PM (Today)
Thursday: 9 AM - 3 PM
Friday: Closed
Saturday: Closed
Sunday: Closed