Nina Whitehurst

Nina Whitehurst

Planning for peace of mind and wealth preservation.
  • Estate Planning, Elder Law, Probate ...
  • Alaska, Arizona, California, Colorado, Oregon, Tennessee
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Claimed Lawyer ProfileQ&AResponsive Law
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
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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
1548 Questions Answered
Q. I am an heir to property in Knoxville,Tennessee, along with 5 other heirs. How do we get our names on the property/deed?
A: The title can be updated using a simple affidavit that is recorded in the land records, but the title will not be marketable until at least one year has elapsed since date of death or the other assets of the decedent

have been probated and the estate was solvent.

If one of the heirs does not want his or her share, he or she can deed it to the other heirs after his or her share has been claimed on the record.

For your condemnation issue, you should hire an eminent domain attorney. You might also need to hire an appraiser.
Q. My sister is my mom's POA but refuses to help me care for my mom.
A: This is a terrible situation, and it saddens me whenever I hear of circumstances like this. You can and should report your sister's behavior to Adult Protective Services. You might also think about filing a police report for theft with respect to any funds or things your sister has stolen from your mom.

Ultimately, however, the best solution, though it is expensive, is for you to hire an attorney to help you petition the local probate court to have you appointed as your mom's conservator and guardian. That will void your sister's power of attorney and install you as the conservator of your mom's funds so you can spend the money for her care rather than your sister using the money to line her own pockets. ... Read More
Q. My sister and I are co-trustees inheriting our mother’s home 50/50. My sister moved into the home without permission.
A: Your question cannot be answered in full for lack of complete information. My guess is that you might still be in the administrative stage of post-death trust administration. As co-trustees, each of you owes a duty to estate, creditors and beneficiaries to manage the trust assets for their benefit, not for your personal benefit. Until the home is actually distributed to the ultimate beneficiaries, neither one of you has the right to occupy it rent free. So, your sister does seem to be abusing her fiduciary authority.

To answer your other question about whether you can enter the home to take inventory and such, yes, you absolutely have that authority as a co-trustee of a trust of which the houseis an asset. You do need access to the property in order to do your job. Whether the police will hassle you or not will depend in part on whether you have updated the title and can show them that. I have no way of knowing whether you have done that. ... Read More
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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 (Today)
Wednesday: 9 AM - 3 PM
Thursday: 9 AM - 3 PM
Friday: Closed
Saturday: Closed
Sunday: Closed