Estate Planning and Administration


Because life just happens to all of us, we must see to it that we take care of our loved ones and ourselves not only physically and mentally but also legally. The Law Offices of Nicholas Taldone provides comprehensive legal services in the areas of estate and asset planning, estate administration, guardianships and fiduciary litigation.  We will work closely with you to develop personalized solutions to your situation. We invite you to make an appointment for a free consultation and case evaluation. You can learn more about our scope of services by reading below.

Estate,Trust and Medicaid Planning and Asset Protection

Wills and Trusts are some ways to make sure the right people get the right property. Law Offices of Nicholas Taldone and you will decide what instrument best suits your needs.
Our representation includes:

  • Wills and trusts
  • Life insurance trusts
  • Power of attorney
  • Advance health care directives
  • Elective share planning
  • Creditors’ claims
  • Healthcare surrogate
  • Right to die
  • Death with dignity
  • Pet trusts
  • Probate and Trust Litigation
  • Medicaid Planning

Disagreements among family members concerning the distribution of property or the decedent’s true intentions can be emotionally difficult. We appreciate and balance the financial aspects of the litigation with the long-term personal issues that often motivate familial litigants.

The Law Offices of Nicholas Taldone prosecutes or defends cases involving:

  • Will and trust contests
  • Allegations of fraud, undue influence and lack of capacity
  • Accounting disputes
  • Breach of fiduciary duty
  • Will and trust construction, modification, reformation or termination
  • Estate and trust administration
  • Fiduciary removal and surcharge
  • Inheritance rights
  • Creditor claims
  • Elective share disputes
  • Jointly held assets, including bank accounts and brokerage accounts
  • Homestead disputes

Guardianships for Elderly and Minors

In most circumstances, Florida Law requires the guardianship court to consider alternatives to the imposition of a guardianship, including the use of trusts, durable power of attorney, health care surrogates, living wills and other similar instruments. The Law Offices of Nicholas Taldone is  experienced in planning for incapacity and in drafting documents designed to avoid or minimize guardianship litigation later in life.

Law Offices of Nicholas Taldone represents clients in

  • Guardianship proceedings
  • Baker Act proceedings
  • Marchman Act proceedings
  • Mental health rights
  • Involuntary institutionalization


Florida Medicaid planning is part of the overall estate planning process. The required documents and legal issues are similar to those needed for conventional Florida estate planning. However, if aging adults are involved, there is a greater emphasis on a planning strategy that is focused on paying for long-term medical care. Medicaid is “need based” and has “spend down requirements”. Thus, Florida Medicaid planning seeks strategies that will preserve as much of the potentially institutionalized person’s estate as possible while allowing them to qualify for Medicaid in order to pay for long-term medical care.

Fiduciary Litigation

People to whom we give our trust are called “fiduciaries.” These include not only trusted family members but all sorts of service providers that we place special trust in including attorneys, CPAs, and financial and insurance advisors.When these trusted individuals breach your trust we can help.Law Offices of Nicholas Taldone is skilled in the area of fiduciary litigation, and our Mr. Taldone frequently lectures in this area of the law.Mr. Taldone’s representation includes:

  • Personal representative and trustee fee disputes
  • Misuse of power of attorney and improper gifting
  • Self dealing
  • Breach of trust
  • Legal malpractice
  • Fiduciary self dealing
  • Conflicts of interest
  • Improper investment
  • Improper or incomplete accountings
  • Failure to distribute assets
  • Removal and surcharge actions
  • Creditor claim litigation
  • Fiduciary accounting
  • Trustee accounting