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Planning for peace of mind and wealth preservation.
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.
- 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
- Credit Cards Accepted
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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.
- Alaska
- Arizona
- California
- Colorado
- Oregon
- Tennessee
- US District Court, District of Arizona
- English: Spoken, Written
- Attorney
- Cumberland Legacy Law
- Current
- Sandra Day O'Connor College of Law, Arizona State University
- J.D. (1986) | Law
- Honors: summa cum laude
- Arizona State University
- B.S. (1983) | Accounting
- Honors: summa cum laude
- 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
- Wealth Counsel
- Member
- Current
- ElderCounsel
- Member
- Current
- National Association of Elder Law Attorneys
- Member
- Current
- Siskiyou County Bar Association
- Member
- Current
- Activities: President 2017-2018
- State Bar of Tennessee  # 037146
- Member
- - Current
- 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
- Wills, Trusts and Nursing Home Asset Protection, Various
- Q. If executor of estate sells house before transferring it to heirs, will it still receive stepped-up cost basis?
- A: Property owned by a decedent gets a step up (or down) to fair market value as of the date of death. That holds regardless of whether the property is distributed in kind to the heirs or is sold and then cash distributed to the heirs. the only difference is who pays the capital gains taxes, if any. Usually there is not any capital gains tax owed if the property is short within a short time after date of death because it has not had enough time to build up more capital gains.
- Q. Is there a way to have an adult name change without the name on my birth certificate going away? Can it be an AKA?
- A: In every state there is a legal method for changing your legal name without changing the name on your birth certificate. You might even find self help forms on the court’s website. If not, you should hire an attorney to help you navigate the process.
- Q. Can I transfer a house that I own into my mom's revocable living trust in Maryland?
- A: Yes, your mother’s trust can be the buyer, and you can be the seller, with a deed to match. This makes perfect sense if it truly is an arm’s-length transaction.
However, if what you are actually doing is gifting the house to her, then you should not do that without talking to an experienced estate planning attorney because you would be creating issues of which you are not aware.
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