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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- 3 Common Probate Questions: Estate Planning Basics
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- 6 Facets of Estate Planning That LGBTQ+ Couples Should Know
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- 8 Frequently Asked Questions on Last Wills and Testaments
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- Affordable Housing Options for Low-Income Older Adults
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- Do You Need a HIPAA Release?
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- Wills, Trusts and Nursing Home Asset Protection, Various
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- 2017-2023
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- National Association of Elder Law Attorneys
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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 I transfer a mortgage with right of survivorship after spouse's passing?
- A: Pursuant to Federal Law, the lender can not call the loan due or declare it in default fault simply because the borrower died, when the borrower left the house to his wife. All you need to do is notify them of his death, and you can continue to make the payments on the loan. You do not have to assume the loan.
- Q. Do I need to continue paying my late husband's medical bills in Colorado?
- A: I am sorry to be the one to tell you that you are responsible for your husband’s medical bills under the family purpose doctrine or the doctrine of necessaries as it is called in some states.
Some options you might consider include notifying the hospital of your husband’s passing and determine if maybe they will write it off when you tell them there will be no probate opened, or negotiate a settlement for a lower amount per month or in total or both based upon reduced income, or bankruptcy.
- Q. Can I use a Lady Bird Deed in Tennessee to avoid probate?
- A: Ladybird deeds are not authorized in Tennessee. You can transfer those items by Will, but that requires a probate. If you are wanting to avoid probate, the best solution for many reasons is a revocable living trust.
Medicaid Compliant Annuities vs. Promissory Notes in Crisis Planning | Elder Law Interview