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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- Wills, Trusts and Nursing Home Asset Protection, Various
- Q. Can I claim a property verbally promised by my landlord after his death?
- A: I hate to be the bearer of bad news but you probably do not have a leg to stand on. Oral wills pertaining to real estate are not enforceable. And if he had no will at all, then the heirs are nearest blood relatives, not tenants. Sorry. You also probably cannot make a claim due to adverse possession because your possession all those years was permissive, not adverse.
What you can do is try a little harder to find the will he seems to have claimed to have made. Call estate planning and probate attorneys in your area to see if any of them has the will or even a copy of it. Also call the probate court and ask if anybody has started a probate case.
- Q. Can I use a doc service to file an affidavit of death and sell my father's house under a trust in California?
- A: An affidavit of death will not accomplish your goal. You need to record an updated certification of trust explaining that the former trustee has passed and you are now the trustee. It needs to be in recordable form of course and might also include the legal description and parcel number of the property to help with indexing.
- Q. How to resolve property tax issues and secure home ownership without funds?
- A: There is no easy answer to your predicament. The classic solution is to obtain a new loan to pay the taxes, but you will not be able to do that without title to the property. To obtain title you will need the help of a probate attorney. You might try calling your local legal aid society to see if you qualify for free legal assistance.