Beverly Beach Probate Litigation Lawyer
A family gathers after losing a parent, only to discover that the will they expected has been replaced by a document signed weeks before death, leaving everything to someone no one had ever heard of. The accounts have already been drained. The house is being transferred. And every day that passes makes it harder to recover what was taken. This is exactly the kind of situation where a Beverly Beach probate litigation lawyer becomes not just helpful, but essential. At Bundza & Rodriguez, P.A., attorneys Corey Bundza and Michael Rodriguez have spent years representing Volusia County families in some of the most contentious and emotionally charged estate disputes imaginable. When legitimate heirs are shut out, when fraud has altered the course of an estate, or when a personal representative has abused their authority, our firm fights back.
What Probate Litigation Actually Involves
Most people associate probate with paperwork and waiting, and in straightforward cases, that description holds. But probate litigation is an entirely different matter. It arises when someone formally contests the legal process, challenges the validity of a document, or accuses a fiduciary of wrongdoing. Florida’s probate courts have jurisdiction over these disputes, and they are governed by a detailed set of statutes that require precise legal procedure from the very beginning of a case.
Common disputes handled in probate litigation include will contests, claims of undue influence, allegations of fraud in the execution of estate documents, breach of fiduciary duty by a personal representative or trustee, and creditor disputes. Each of these carries its own legal standards and evidentiary requirements. A will contest in Florida, for example, requires the challenging party to prove that the testator lacked the mental capacity to execute the document, or that someone manipulated them into signing something that didn’t reflect their actual wishes. These cases live and die on evidence gathered early.
Probate litigation also extends into the administration phase. Even if a will is valid on its face, a personal representative who fails to account for assets properly, pays themselves unauthorized fees, or favors certain beneficiaries over others can be held legally accountable. Our attorneys understand that the courthouse is sometimes the only place where these abuses can be corrected.
How a Probate Litigation Case Moves Through the Florida Courts
The process begins with a formal petition filed in the probate division of the circuit court. In Volusia County, probate matters are handled through the Seventh Judicial Circuit Court, located at the Volusia County Courthouse in DeLand. Once a petition challenging an estate action is filed, the court sets a series of deadlines for responses, discovery, and hearings. Missing any of these deadlines can result in a waiver of rights or dismissal of claims, which is why having experienced legal representation in place from day one matters enormously.
Discovery in probate litigation can be surprisingly extensive. It may include deposing the attorney who drafted the will, subpoenaing medical records to evaluate mental capacity at the time of execution, reviewing financial account histories, and interviewing witnesses who were present during the signing of key documents. Our attorneys personally handle every aspect of this process. Unlike firms that hand off cases to paralegals or case managers, Bundza & Rodriguez ensures that a licensed attorney is at the table for every significant step.
Many probate disputes settle before trial through mediation or direct negotiation between the parties. Our attorneys are skilled negotiators who pursue resolution when it serves our clients’ interests. But when the other side refuses to act in good faith, or when the stakes demand it, we proceed to trial without hesitation. Our background as proven trial attorneys means that taking a case in front of a judge is not something we shy away from. It is something we prepare for from the moment we accept a matter.
Undue Influence and Elder Financial Exploitation: An Underestimated Problem
One of the most common and least discussed forms of estate fraud involves undue influence over an elderly or vulnerable person in their final months or years of life. A caretaker, a new romantic partner, or even a distant relative suddenly gains access to an aging person, isolates them from family, and gradually steers control of their finances and legal documents. When that person dies, the family discovers changes to the will, altered trust documents, beneficiary designation changes on accounts, or property that has already been transferred out of the estate.
Florida courts take undue influence seriously, but proving it requires more than suspicion. Courts look at a range of factors including the physical and mental condition of the deceased, the nature of the relationship between the deceased and the alleged influencer, whether the alleged influencer was involved in drafting or arranging execution of the documents, and whether the resulting disposition is inconsistent with the deceased’s prior expressed wishes. Circumstantial evidence plays a major role in these cases, and building a compelling record requires both legal skill and investigative persistence.
What surprises many families is how quickly assets can be dissipated once a manipulated estate plan takes effect. Real property can be sold. Bank accounts can be emptied. Investment accounts can be liquidated. The window for intervention narrows with every passing week. Acting promptly after discovering suspicious changes is not simply advisable. It is often the difference between a successful recovery and a permanent loss.
The Personal Representative’s Duties and What Happens When They Breach Them
In Florida, the personal representative of an estate carries significant legal responsibilities. They are required to identify and marshal all estate assets, notify creditors, pay valid debts, file any required tax returns, and distribute the remaining estate to beneficiaries according to the will or applicable law. This is a position of trust, and Florida law holds personal representatives to a fiduciary standard. That means they must act in the best interests of the estate and its beneficiaries, not in their own self-interest.
When a personal representative steals from the estate, delays distribution without justification, fails to account for assets, makes unauthorized investments, or uses estate property for personal benefit, beneficiaries have legal recourse. They can petition the probate court to remove the personal representative, surcharge them for losses caused by their breach, and seek recovery of improperly taken assets. These actions are taken through the same probate court supervising the estate, and they require well-documented legal filings that lay out exactly what went wrong and why it caused harm to the estate.
Beverly Beach Probate Litigation FAQs
How long does probate litigation typically take in Florida?
The timeline varies significantly depending on the complexity of the dispute and whether the case settles or proceeds to trial. Straightforward will contests may resolve within several months through mediation, while more complex cases involving financial exploitation, multiple parties, or substantial assets can take a year or more. Florida courts prioritize efficiency in probate matters, but contested cases require adequate time for discovery and legal argument.
Who has standing to contest a will in Florida?
In Florida, a person must have a direct financial interest in the outcome of the will to have legal standing to contest it. This typically means beneficiaries named in the will being contested, beneficiaries named in a prior will, and heirs who would inherit under Florida’s intestacy laws if no valid will existed. An attorney can assess whether your particular circumstances meet this threshold before any legal action is filed.
What is the deadline for filing a will contest in Florida?
Florida Statutes set strict time limits for challenging a will. In most cases, an interested person has three months from the date the notice of administration is served to file a formal challenge. This window is short and non-negotiable in most circumstances, which is why contacting an attorney immediately upon learning of a suspected problem is critical to preserving your legal options.
Can I remove a personal representative who I believe is mismanaging the estate?
Yes. Florida law provides a formal process to petition the probate court for removal of a personal representative who has breached their fiduciary duty. The court will evaluate whether the personal representative’s conduct has been detrimental to the estate or its beneficiaries, and it has the authority to remove them and appoint a successor. Courts take these petitions seriously when supported by credible evidence of misconduct or neglect.
Does probate litigation affect the entire estate or just the disputed portion?
It depends on what is being contested. A challenge to the entire will, if successful, can affect the distribution of the whole estate. More targeted claims, such as those involving a specific asset or a personal representative’s conduct regarding a single account, may affect only a portion of the estate. In either case, litigation can delay final distribution to all beneficiaries until the dispute is resolved.
What if the assets have already been transferred or spent before I file a claim?
This is one of the most important reasons to act quickly. While asset dissipation does complicate recovery, it does not necessarily end your legal options. Courts can order disgorgement of improperly obtained assets, impose personal liability on those who received property through fraud or undue influence, and award damages in some circumstances. The sooner an attorney is involved, the better the chances of tracing and recovering what was taken.
How is probate litigation different from regular estate administration?
Standard estate administration is a supervised but largely cooperative process in which a personal representative follows court procedures to settle and distribute the estate. Probate litigation arises when there is a formal legal dispute, whether over the validity of the will, the conduct of the personal representative, or the rights of creditors and beneficiaries. It involves adversarial proceedings, formal discovery, and often court hearings or trial.
Serving Throughout Beverly Beach and Surrounding Areas
Bundza & Rodriguez, P.A. serves clients throughout Volusia County and the surrounding region, including Beverly Beach and the broader Flagler and Volusia coastal corridor. Our attorneys regularly assist families from Daytona Beach and Daytona Beach Shores, as well as clients from South Daytona, Ormond Beach, and Port Orange. We also serve those in the New Smyrna Beach area to the south and clients from DeLand, the county seat where probate matters are filed at the Volusia County Courthouse. Whether you are located closer to the beachside communities along A1A, the communities along the Halifax River corridor, or the inland areas west of Interstate 95, our attorneys are accessible and committed to serving your needs. Weekend and evening consultations are available, and we are prepared to meet clients wherever is most convenient, including home visits when circumstances require it.
Contact a Beverly Beach Probate Litigation Attorney Today
When an estate has been compromised, every day without legal representation allows further damage to accumulate. Assets can be moved, records can be altered, and the legal window for relief keeps closing. The probate litigation attorneys at Bundza & Rodriguez, P.A. founded this firm in 2007 with a commitment to fighting for families throughout Volusia County and Florida, and that commitment has not changed. If you believe a will has been manipulated, that a personal representative is abusing their position, or that a loved one was taken advantage of before their death, do not wait to get answers. Contact our team today to schedule a free initial consultation with a Beverly Beach probate litigation attorney who will personally handle your case from start to finish.
