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
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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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- 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
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- Arizona State University
- B.S. (1983) | Accounting
- Honors: summa cum laude
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- 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
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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
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- Experimental Aircraft Association Chapter 654
- Director and Secretary
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- 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
Medicaid Compliant Annuities vs. Promissory Notes in Crisis Planning | Elder Law Interview
- Q. How to cash insurance check for deceased co-owner in CA?
- A: A probate attorney can first review the deed to determine whether you are now the sole owner of the home or a co-owner with the decedent’s estate. If you are a co-owner then a probate can be opened to get that share transferred to the decedent’s heirs. If no heirs come forward to run the probate, then you can do so yourself with the help of a probate attorney.
There are other less common strategies that a probate attorney can explain to you.
- Q. How to determine capital gains tax on inherited property sold in 2024?
- A: You need SOMETHING to show to the IRS, in case you are audited, proving the value on the date of death. It could be a formal appraisal, but for something like this you might get away with a simple broker's opinion of value. But the more time that goes by the harder it will be to create this. Do not delay.
- Q. My father’s house was in a Medicaid Asset protection Trust. I have confirmed it gets a step Up in basis.
- A: It is common for the grantor of a Medicaid Asset Protection Trust (MAPT) to retain just enough controls to trigger estate inclusion at the death of the grantor and, therefore, to cause the assets in the MAPT to obtain a step up in basis at the death of the grantor.
If a residence is owned by the MAPT, for the period that the grantor was treated as the owner for federal income tax purposes pursuant to IRC sections 671 through 679 (relating to the treatment of grantors and others as substantial owners), the grantor will be treated as owning the residence for purposes of satisfying the 2-year ownership requirement of section 121, and the sale or exchange by the MAPT will be treated as if made ... Read More
