Daytona Beach Estate Litigation Lawyer
When a dispute arises over a will, trust, or estate, the stakes could not be higher. Family relationships, financial security, and the legacy of a loved one can all hang in the balance. Daytona Beach estate litigation lawyers at Bundza & Rodriguez, P.A. understand that these disputes are rarely simple, and they require far more than just a working knowledge of Florida probate law. They demand a skilled trial attorney who knows how courts evaluate contested claims, how opposing parties build their cases, and what it takes to win. Since founding the firm in 2007, attorneys Corey Bundza and Michael Rodriguez have guided Volusia County families through some of their most difficult legal battles, combining courtroom experience with a genuine commitment to their clients’ outcomes.
How Florida Courts Approach Estate Disputes and Why It Matters
Understanding how Florida’s probate courts evaluate estate litigation is the first step toward building a strong case. The Volusia County Courthouse, located in DeLand at 101 North Alabama Avenue, handles probate and guardianship matters for the region. Judges presiding over estate litigation apply Florida’s Probate Code and the Florida Trust Code carefully, and they are experienced at identifying claims that lack sufficient legal foundation. Presenting an underprepared case in this court does not just risk losing. It can result in court-imposed attorney’s fees against the losing party, a detail that catches many families off guard.
Probate courts in Florida operate under a presumption that a properly executed will or trust is valid. That means the burden falls on the party challenging a document to prove grounds for invalidation, whether that involves lack of testamentary capacity, undue influence, fraud, or improper execution. Courts scrutinize medical records, financial histories, witness testimony, and prior versions of estate documents to weigh these claims. The process is formal, evidence-driven, and unforgiving of procedural errors. Having an attorney who knows how to gather the right evidence before filing, rather than scrambling to build a case after the fact, is the difference between a compelling claim and one that collapses under scrutiny.
Florida law also imposes strict deadlines on estate litigation. A claim to contest a will, for instance, must typically be filed within three months of receiving a formal Notice of Administration. Missing that window often means permanently losing the right to challenge the estate, regardless of how strong the underlying claim might be. Courts do not routinely grant extensions simply because someone did not understand the rules. This is one of the most consequential realities in estate disputes, and it is one that an experienced attorney addresses from the very first consultation.
Common Mistakes That Undermine Estate Litigation Claims
One of the most frequent errors families make in estate disputes is waiting too long before speaking with an attorney. Grief, family tension, and uncertainty about whether something “legally wrong” actually occurred lead many people to delay. By the time they seek legal guidance, critical deadlines have passed or evidence has been lost. Bank records get closed, witnesses become harder to locate, and the window for seeking emergency relief from a probate court closes. Acting promptly, even if it means consulting an attorney before you are fully certain you want to pursue litigation, preserves your options rather than eliminating them.
Another serious mistake is assuming that a verbal agreement or an informal understanding between family members carries legal weight in a Florida probate court. Perhaps a parent expressed clear wishes to multiple family members about who should receive a particular asset, but those wishes were never properly incorporated into a will or trust. Courts apply the law to written documents, not to what someone intended or what a family member believes they were promised. Clients who walk into litigation relying primarily on oral accounts are often blindsided when they learn how difficult it is to overcome a properly executed legal document on the basis of conversation alone.
Failing to recognize signs of undue influence until it is too late is another costly oversight. Undue influence typically occurs when someone in a position of trust, a caregiver, a distant relative who suddenly became attentive late in life, or even a financial advisor, uses that relationship to pressure or manipulate an elderly or vulnerable person into changing their estate documents. The changes are often made quietly and quickly, and the family may not discover them until after the person has passed. At Bundza & Rodriguez, P.A., our attorneys know what patterns of behavior courts find persuasive in undue influence cases, and we know how to document and present that evidence effectively.
Types of Estate Litigation Cases We Handle
Estate disputes come in many forms, and each requires a distinct legal approach. Will contests are among the most common matters our Daytona Beach estate litigation attorneys handle. These cases may involve claims that the testator lacked the mental capacity to execute a will, that the document was procured through fraud or coercion, or that it was not properly witnessed and signed under Florida law. Successfully contesting a will requires building a detailed factual record, often going back years into the testator’s medical and financial history.
Trust litigation presents its own set of complexities. Disputes over trustee misconduct are increasingly common, particularly in cases involving aging parents who placed significant assets into revocable or irrevocable trusts. A trustee who mismanages assets, fails to account for distributions, makes self-interested decisions, or simply ignores the terms of the trust can be held legally accountable. Florida law provides beneficiaries with specific rights to information and remedies when a trustee breaches their fiduciary duty, and our attorneys pursue those remedies aggressively.
We also handle cases involving the wrongful transfer of assets before death, sometimes called “deathbed transfers.” These situations arise when a vulnerable individual is persuaded to sign over accounts, real estate, or other property in the final months or weeks of their life. Families often discover these transfers only after the person has passed, when it is too late to have a conversation about what happened. Legal tools such as constructive trust claims and actions to void fraudulent transfers exist specifically to address these situations, and our firm has the courtroom experience to use them effectively.
What Sets Bundza & Rodriguez Apart in Estate Litigation
Many law firms treat estate litigation as a secondary area of practice, something handled by staff who primarily focus on routine estate planning documents. At Bundza & Rodriguez, P.A., your case is always handled directly by an attorney, not a legal assistant or case manager. That distinction matters in litigation. When depositions need to be taken, when emergency motions need to be filed, or when a hearing requires immediate preparation, your case is in the hands of someone with the legal training and trial experience to respond effectively.
Attorneys Corey Bundza and Michael Rodriguez are long-time Volusia County residents who have built their reputation on taking difficult cases seriously and seeing them through. They understand the community, the local court system, and the emotional weight these disputes carry for families. Estate litigation is not a routine legal transaction. It often involves the loss of a parent or spouse, a sense of betrayal by someone trusted, and questions about whether a loved one’s true wishes were ever honored. The firm approaches each case with both legal precision and the kind of personal attention that only comes from attorneys who genuinely invest in their clients’ outcomes.
Unlike firms that push clients toward early settlement regardless of the merits, Bundza & Rodriguez will pursue negotiation when it serves your interests and go to trial when it does not. That willingness to litigate aggressively is not just a marketing position. It is backed by years of courtroom experience in Volusia County and throughout Florida. Opposing counsel and insurance companies alike recognize that the firm’s attorneys are prepared to try a case, and that credibility alone often changes the dynamics of a dispute.
Daytona Beach Estate Litigation FAQs
What are valid grounds for contesting a will in Florida?
Florida law recognizes several grounds for contesting a will, including lack of testamentary capacity, undue influence, fraud, duress, mistake, and improper execution. The most common grounds pursued in litigation are lack of capacity and undue influence. To succeed, the challenging party must present credible evidence supporting their claim, which often includes medical records, financial documents, and witness testimony.
How long do I have to contest a will in Florida?
In most circumstances, you have three months from the date you receive a formal Notice of Administration to file a will contest in Florida. This deadline is strictly enforced by probate courts. There are limited exceptions, but they are narrow and not guaranteed. Consulting an attorney as soon as you have concerns about a will is the only reliable way to ensure you do not forfeit your right to challenge it.
Can a trustee be removed for mismanaging a trust?
Yes. Florida law allows beneficiaries to petition a court to remove a trustee who has breached their fiduciary duties. Grounds for removal can include self-dealing, failure to account for assets, making unauthorized distributions, or managing trust investments negligently. Courts take trustee misconduct seriously and can also require a removed trustee to repay losses caused by their mismanagement.
What is undue influence in an estate case?
Undue influence occurs when a person in a position of trust or authority over the testator uses that relationship to overcome the testator’s free will and substitute their own wishes in the estate documents. Florida courts look at a combination of factors, including the extent of the influencer’s involvement in the testator’s life, their access to financial accounts, their role in arranging for the estate documents to be drafted, and whether the testator was isolated from other family members or advisors.
Does estate litigation always go to trial?
No. Many estate disputes are resolved through negotiation or mediation before reaching trial. Florida courts actually require mediation in many probate disputes. However, settlement is only appropriate when the terms genuinely reflect the legal merits of your claim. Bundza & Rodriguez, P.A. will always pursue settlement when it serves your interests, but the firm does not pressure clients into accepting inadequate outcomes simply to avoid litigation.
What happens if assets were transferred out of an estate before the person died?
Pre-death transfers can be challenged under Florida law if they were made as a result of undue influence, fraud, or lack of capacity. Legal remedies may include imposing a constructive trust over the transferred assets or pursuing a claim to void the transfer entirely. These cases require prompt action because assets can be dissipated or transferred again, making recovery more difficult over time.
How much does it cost to pursue estate litigation in Florida?
The cost of estate litigation depends on the complexity of the dispute, the amount of evidence involved, and whether the case proceeds to trial. At Bundza & Rodriguez, P.A., we accept several forms of payment, including credit cards, and we offer free initial consultations so that families can understand their options before committing to a course of action. We encourage prospective clients to reach out and speak with our attorneys directly about the specifics of their situation.
Serving Throughout Daytona Beach and Volusia County
Bundza & Rodriguez, P.A. serves clients across the full breadth of Volusia County and the greater Daytona Beach area. Whether you are located in Daytona Beach Shores along the barrier island or further inland in areas like Tomoka Village near the Tomoka State Park corridor, our attorneys are accessible and ready to help. We regularly assist clients in South Daytona, just south of the Dunlawton Avenue bridge, as well as those in North Daytona Beach and the Hidden Harbor community. Families in Seabreeze and Oceanwalk, situated near the beachside neighborhoods along Atlantic Avenue, know that estate disputes can arise in any community regardless of the size of the estate involved. Our firm also serves clients in East Daytona and the Eau Gallie area, and we are fully prepared to meet with clients wherever it is most convenient, including at their home or at our office, on evenings and weekends when needed.
Contact a Daytona Beach Estate Litigation Attorney Today
When a loved one’s estate has been compromised, when a will does not reflect what you know to be true, or when a trustee has abused their position of trust, the right legal advocate makes all the difference. The Daytona Beach estate litigation attorney team at Bundza & Rodriguez, P.A. brings real courtroom experience, genuine personal attention, and an unwavering commitment to fighting for what is right. Initial consultations are free, and we are available to meet at our office, your home, or another location that works for you. Reach out to our team today and let us help you understand your options and take the first step toward protecting your family’s legacy.
