Beverly Beach Will Contest Lawyer
When a loved one passes away and the will left behind does not reflect what you know to be true about their wishes, the grief you carry is compounded by something harder to name: a sense of injustice. You watched over someone, cared for them, and knew their mind, only to see that history rewritten in a legal document that tells a different story. A Beverly Beach will contest lawyer at Bundza & Rodriguez, P.A. understands that what is at stake in these cases goes far beyond money or property. It is about honoring a person’s true intentions and ensuring that those who manipulated or exploited a vulnerable individual are held accountable under Florida law.
What It Really Means to Contest a Will in Florida
Contesting a will is not simply disagreeing with how an estate was divided. Under Florida law, a will contest is a formal legal action filed in probate court challenging the validity of a will based on specific legal grounds. These grounds include lack of testamentary capacity, undue influence, fraud, forgery, or failure to meet the execution requirements set out in Florida Statutes Chapter 732. Without one of these recognized legal bases, a court will not entertain the challenge, regardless of how unfair the distribution may appear.
Testamentary capacity means that the person who created the will, the testator, must have understood the nature of making a will, the general character and extent of their property, and who would naturally be expected to inherit from them. Cognitive decline, dementia, or the effects of medication can all raise legitimate questions about whether someone truly possessed this capacity at the time of signing. These cases often require medical records, testimony from treating physicians, and careful reconstruction of the testator’s mental state during a specific window of time.
Undue influence is perhaps the most emotionally charged ground for contesting a will. This occurs when someone in a position of trust or authority, a caregiver, a new companion, a distant relative who suddenly reappeared, used that position to override the testator’s free will. Florida courts look at whether the alleged influencer had opportunity, motive, and actually exercised pressure sufficient to substitute their desires for those of the testator. These cases require gathering evidence that most families never anticipated needing, and doing so quickly, before it disappears.
The Real Consequences When a Fraudulent Will Goes Unchallenged
Many families make the mistake of assuming the probate process will sort things out on its own. It will not. Once a will is admitted to probate and the personal representative begins marshaling assets, the window to challenge it narrows. Florida law generally allows interested parties to file an objection within a limited time after the will is admitted, and delays can result in a permanent loss of standing. What you allow to proceed unchallenged today becomes the legal and financial reality of your family tomorrow.
The financial consequences are obvious. A beachside property near Flagler County that should have been shared among siblings may be transferred entirely to one person. A business built over decades could end up in the hands of someone who had no relationship with the deceased until the final months of their life. Bank accounts, investment portfolios, and personal property of significant sentimental value can all be redistributed based on a document that does not tell the truth.
Beyond financial loss, there is the damage to family relationships. The longer a fraudulent or manipulated will remains in force, the deeper the fractures among surviving family members become. People take sides. Communication breaks down. The shared history of a family is replaced by legal correspondence and accusations. Acting decisively and early is often the only way to preserve both the estate and the relationships that matter most to the people involved.
How Bundza & Rodriguez, P.A. Approaches Will Contest Cases
Founded in 2007 by attorneys Corey Bundza and Michael Rodriguez, Bundza & Rodriguez, P.A. has built its reputation as a firm that treats every case with personal attention. Unlike many law firms that delegate important legal work to assistants or case managers, every matter at this firm is handled directly by an attorney. In estate litigation, that distinction matters enormously. Will contest cases require attorneys who understand how to investigate, negotiate, and when necessary, litigate aggressively in front of a judge.
The firm brings a trial-oriented mindset to every estate dispute. Some cases can be resolved through skilled negotiation before they ever reach a courtroom. When a personal representative or beneficiary who benefited from a questionable will understands that the opposing side is fully prepared to proceed to trial, settlements often become possible. However, when the circumstances demand it, the attorneys at Bundza & Rodriguez, P.A. do not hesitate to pursue the matter through Volusia County’s Seventh Judicial Circuit Court, where probate proceedings for this region are handled.
The firm also handles cases where loved ones have been taken advantage of by family members, so-called friends, or opportunistic individuals who manipulate estate documents to deprive rightful heirs of what belongs to them. This is not a passive practice area. These cases are pursued aggressively, and the firm files legal actions on behalf of those who have been wronged. If you believe that a will was altered, forged, or executed under suspicious circumstances, that belief deserves to be examined by attorneys who know how to build a case around it.
What an Unexpected Angle Reveals About Will Contests
Here is something that surprises many families: the person most likely to exercise undue influence over a testator is not a stranger. Research and case patterns consistently show it is someone already embedded in the deceased person’s daily life, often a caregiver, a child from a second marriage, or a new romantic partner who emerged during a period of illness or isolation. The very proximity that allowed them to provide care also gave them unsupervised access to shape what the testator believed, feared, and decided.
This means that will contest cases are rarely about dramatic forgeries or obvious fraud. More often, they involve a slow, subtle erosion of independence that left the testator emotionally dependent on someone whose interests were not aligned with theirs. Proving this in court requires more than suspicion. It requires a detailed, documented account of the relationship dynamics, the testator’s health history, changes in prior estate planning documents, and the timing of when the contested will was drafted and signed. The attorneys at Bundza & Rodriguez, P.A. know how to assemble that picture.
Beverly Beach Will Contest FAQs
Who has the legal right to contest a will in Florida?
In Florida, only an “interested person” has standing to contest a will. This typically includes beneficiaries named in the current or a prior will, heirs who would inherit under Florida’s intestate succession laws if no valid will existed, and creditors of the estate in certain circumstances. If you would be financially affected by the outcome of the probate proceeding, you likely have standing to bring a challenge.
How long do I have to contest a will after it is filed in probate?
Florida law sets strict deadlines for will contests. Generally, an interested party must file their objection within three months of the date the personal representative served a formal Notice of Administration. Missing this deadline can permanently bar your ability to challenge the will, which is why reaching out to an estate litigation attorney as soon as you have concerns is critical.
Can a will be contested after the estate has been distributed?
Once assets have been fully distributed and the estate has been closed, contesting a will becomes significantly more difficult and in many cases impossible. Florida courts place a premium on the finality of probate proceedings. This is one of the strongest reasons to act before the process advances rather than waiting to see how things unfold.
What evidence is typically used to prove undue influence?
Courts look at a range of factors including whether the alleged influencer isolated the testator from other family members, whether the testator was dependent on that person for daily care or financial decisions, whether the will was drafted by an attorney chosen by the influencer rather than the testator, and whether the terms of the will represent a significant departure from previously expressed wishes. Medical records, witness testimony, prior wills, and financial records all play a role.
Does contesting a will mean I will have to go to trial?
Not necessarily. Many will contest cases are resolved through negotiated settlements before reaching trial. However, having an attorney who is fully prepared and willing to litigate is often what brings the other side to the table with serious offers. The attorneys at Bundza & Rodriguez, P.A. approach every case with trial readiness from the outset.
What does it cost to hire a will contest attorney?
Fee arrangements in estate litigation cases vary depending on the nature and complexity of the dispute. Bundza & Rodriguez, P.A. offers free initial consultations and accepts several forms of payment, including credit cards, for legal matters outside of personal injury. Speaking with an attorney directly is the best way to understand what the process might look like for your particular situation.
What happens if the will contest is successful?
If a court finds that a will is invalid, the estate is typically distributed according to either a prior valid will or Florida’s intestate succession laws, depending on the circumstances. The outcome depends on the specific grounds upon which the contest was won and what other estate planning documents, if any, exist.
Serving Throughout Beverly Beach and the Surrounding Region
Bundza & Rodriguez, P.A. serves clients throughout Flagler and Volusia County, including those in Beverly Beach and the communities that run along Florida’s Atlantic coast. Families from Flagler Beach and Marineland to the south, and those in Palm Coast further north, regularly turn to the firm for estate litigation assistance. The firm also represents clients throughout the greater Daytona Beach area, including South Daytona, Daytona Beach Shores, and the neighborhoods of Ormond Beach to the north. Whether clients are located near the barrier island communities or inland areas such as Port Orange and Edgewater, the attorneys at Bundza & Rodriguez, P.A. are accessible and ready to meet at times that work around your schedule, including evenings and weekends.
Contact a Beverly Beach Will Contest Attorney Today
The decisions made in probate court in the weeks and months following a loved one’s passing can shape your family’s financial and personal reality for generations. A Beverly Beach will contest attorney from Bundza & Rodriguez, P.A. is prepared to review the circumstances of your case, explain your legal options honestly, and stand beside you through every stage of the process. The initial consultation is free, and the attorneys here bring the same aggressive advocacy to estate litigation that has defined this firm since its founding in 2007. Reach out to our team today to schedule your consultation and take the first step toward ensuring your loved one’s true wishes are honored.
