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Nina Whitehurst

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Planning for peace of mind and wealth preservation.
  • Estate Planning, Elder Law, Probate ...
  • Alaska, Arizona, California, Colorado, Oregon, Tennessee
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5.0/5.0
Ethics and Professionalism
5.0/5.0
Rating: 10 Lawyer Rating - 10 out of 10
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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
1587 Questions Answered
Q. In Colorado,along with a notary does a doctor have to sign your DNR within your living will advanced directives ?
A: Under Colorado Law there is a mechanism for a doctor to appoint a healthcare decisionmaker for you if you have not already done so and are unable to do so now. This can easily be avoided by appointing a healthcare decisionmaker yourself while you are capable. Your healthcare decisionmaker appointment, signed while you have the capacity to do so, does not require a doctor's signature. It does require the signatures of either two witnesses or a notary.
Q. My mom passed away with no will. My brother was living with her at the time of her death. I asked him if I could move in
A: If the mortgage payments do not get paid in a timely manner by someone, the lender will have the right to foreclose and all heirs lose their equity in the home.

If you and your brother are the sole heirs and the home does not need to be sold to pay your mother’s debts, you each have equal rights of occupancy AND equal obligations to pay carrying costs such as mortgage, taxes, insurance, maintenance.

If your brother prevents you from moving in then he is obligated to pay fair market rental to the estate (pre-distribution) or to you for your half (post-distribution). The estate is then responsible for paying expenses. After distribution you are equally responsible for paying expenses but of course you would have the benefit of rent receipts to assist with that.

The accountings and tax consequences start to get rather tiresome such that ultimately the ideal outcome is sale by both of you or sale by one to the other.

If you are planning on selling then moving in seems to be a waste of time unless your sole motivation is to make repairs or prevent waste.

You should hire a probate attorney to assist with the process of retitling the house so that you can eventually sell it. The attorney can also help with a proper accounting between the two of you.
... Read More
Q. Can I file in Pima County to become her Personal Representative if my sister died in Maricopa County?
A: You need to file in the county in which your sister resided immediately prior to her death. If she lived in Pima County and then just happened to die while visiting Maricopa County then you could file in Pima County. But if she lived in Maricopa County when she died then you do need to file in Maricopa County.
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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
Thursday: 9 AM - 3 PM
Friday: Closed
Saturday: Closed (Today)
Sunday: Closed