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.
- 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
- B.S. (1983) | Accounting
- Honors: summa cum laude
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- Attorney
- Cumberland Legacy Law
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- Wills, Trusts and Nursing Home Asset Protection, Various
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- 2017-2023
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- Activities: President 2017-2018
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- US District Court, District of Arizona
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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.
- 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
- English: Spoken, Written
- Q. Can an executor deduct expenses before distributing sale proceeds from inherited house?
- A: Yes, of course your brother can deduct expenses of fix up and repair and sale before distributing sale proceeds. It would be highly inequitable for you to reap the benefit of those things without bearing any of the burden.
- Q. Do co-beneficiaries need to sign a quit claim deed if executrix is granted property?
- A: Your narrative does not contain enough information to enable an attorney to answer your question. Has a probate case been opened? Has the executor actually been APPOINTED to that role by the probate court? Is the estate solvent? How much time has elapsed from date of death? Who/what is "granting" the real property to the executrix? Is that simply what the will says? Or is a probate court judge decreeing this? You might want to post your question again but the next time specify these details in the narrative.
- Q. Do I need probate with a complete will and no disputes in Tennessee?
- A: Yes, probate is required as you will quickly discover when you try to gain access to motor vehicles, bank accounts and other financial assets and, sometimes, real estate. I suppose if there are no such assets, only personal property, you could get away with just selling things and splitting up the proceeds, but by doing things that way the nominated executor exposes himself or herself to potential litigation risk if even one of the other heirs claims the nominated (not court appointed) executor did something wrong. You also expose all of the heirs/beneficiaries to claims of creditors, at least for a period of time. And without an attorney guiding you, you might fail to address other lurking ... Read More
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