Free Consultation: (931) 250-8585Tap to Call This Lawyer
Nina Whitehurst

Nina Whitehurst

Planning for peace of mind and wealth preservation.
  • Estate Planning, Elder Law, Probate ...
  • Alaska, Arizona, California, Colorado, Oregon, Tennessee
Claimed Lawyer ProfileQ&ASocial MediaResponsive 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
  • Free Consultation
    Free 10-15 minute telephone consultation to determine whether your matter fits within our areas of practice, to describe our new client onboarding process, and to start the onboarding process.
Jurisdictions Admitted to Practice
Alaska
Placeholder image for jurisdictions.
Arizona
Placeholder image for jurisdictions.
California
Placeholder image for jurisdictions.
Colorado
Placeholder image for jurisdictions.
Oregon
Placeholder image for jurisdictions.
Tennessee
Placeholder image for jurisdictions.
Languages
  • English: Spoken, Written
Professional Experience
Attorney
Cumberland Legacy Law
Current
Education
Arizona State University
J.D. (1986) | Law
-
Arizona State University Logo
Arizona State University
B.S. (1983) | Accounting
-
Honors: Summa Cum Laude
Arizona State University Logo
Awards
Client Champion SILVER
Martindale-Hubbell Lawyer Services
AV Preeminent 5.0 out of 5 Peer Review Rated
Martindale-Hubbell
Selected: 2017-2021
Professional Associations
ElderCounsel
Member
Current
Placeholder image for professional associations.
National Association of Elder Law Attorneys
Member
Current
Placeholder image for professional associations.
Wealth Counsel
Member
Current
Placeholder image for professional associations.
State Bar of Tennessee  # 037146
Member
- Current
Placeholder image for professional associations.
State Bar of Alaska  # 1802010
Member
- Current
Placeholder image for professional associations.
State Bar of Oregon  # 172386
Member
- Current
Placeholder image for professional associations.
State Bar of Colorado  # 26720
Member
- Current
Placeholder image for professional associations.
State Bar of California  # 159873
Member
- Current
Placeholder image for professional associations.
State Bar of Arizona  # 011030
Member
- Current
Placeholder image for professional associations.
Speaking Engagements
Wills, Trusts and Nursing Home Asset Protection, Various
Legal Answers
1162 Questions Answered
Q. Does house and car need to go through probate in TN? Will leaves one child house and other car/guns.
A: Your question cannot be answered without reviewing the will and understanding exactly what assets are in the estate and how much the decedent owed to creditors. As a general rule, real estate is not a probate asset in Tennessee, but that can be changed by will and also it can be drawn into a probate estate if needed to pay creditors. Regarding whether probate is needed "when Will is clear", what you need to understand is that probate IS how wills are administered. Probate is not just for will that aren't "clear". It is for all wills, clear ones and not so clear ones. Sometimes an expedited process can be used depending on the value of the estate, especially if the decedent had no unpaid bills.
Q. Can a person with power of attorney change a will, or make it so beneficiaries do not get property they are to recieve?
A: No, a will cannot be made or amended by an agent under a power of attorney. When it comes to making a will, that authority is not delegable. It is sometimes possible for a conservator to make or amend a will for a ward, but that is rare and it requires court approval.
Q. My dad is going into hospice and passing soon. The house is in his name but has a loan out on the house.
A: There is information from your statement of facts that make your question impossible to answer. When your dad dies, will he have a surviving spouse? Did your dad have any other children beside you? Just FYI, the fact that you have been living in the house for years is of no consequence. Also know that if the house passes to you upon your dad's death, the lender cannot call the loan due on that basis, and the lender cannot force you to assume the loan, but if the payments are not made when due, then the lender can foreclose. When you dad passes, you should inform the lender and let the lender know who inherited the house, and provide documentation of such. The lender will then be obligated by law to provide monthly statements and other information directly to the new owner(s).
View More Answers
Contact & Map
Cumberland Legacy Law
330 Ridgeline Dr.
Crossville, TN 38571
Telephone: (931) 250-8585