Daytona Beach Wills Lawyer
Most people understand, in the abstract, that they should have a will. They know it matters. They intend to get around to it. And then life moves quickly, circumstances shift, and the document never gets drafted. When someone passes without a valid will in Florida, the consequences fall hardest not on the deceased but on the people left behind, often during the most emotionally raw weeks of their lives. A Daytona Beach wills lawyer at Bundza & Rodriguez, P.A. helps families avoid that outcome entirely, by putting clear, legally sound plans in place before they are ever needed.
What a Will Actually Does and Why Informal Arrangements Fall Short
A common misconception is that a will is only necessary for the wealthy or for people with complicated financial situations. In reality, a will serves a much more fundamental purpose: it gives you a voice in decisions that will be made after you are no longer able to speak for yourself. Without one, the State of Florida speaks for you instead. Florida’s intestacy laws dictate a fixed order of inheritance that may bear no resemblance to your actual wishes, your relationships, or your family’s real needs.
Consider a scenario that plays out more often than most people realize. A parent owns a home and has two adult children from a first marriage and a current spouse. Without a will, Florida law divides the estate in a way that may force the surviving spouse to share ownership of the family home with stepchildren. The resulting tension, legal entanglement, and potential court involvement are entirely preventable. A properly drafted will resolves these situations in advance, clearly and on your terms.
Informal arrangements, verbal promises, and handwritten notes carry no legal weight under Florida law. Even a handwritten will, sometimes called a holographic will, is not recognized as valid in Florida. The state requires that a will be in writing, signed by the testator, and witnessed by two individuals in a very specific manner. When these formalities are not followed, the document can be challenged or invalidated entirely, leaving your estate subject to the very outcomes you were trying to prevent.
The Unexpected Side of Estate Planning: What Happens to Minor Children
Here is an angle that rarely gets enough attention in discussions about wills: the document is not just about property. For parents of minor children, a will is the only legal mechanism for nominating a guardian. If both parents pass away and there is no valid will naming a trusted guardian, a Florida court will make that determination without your input. The judge will apply a legal standard, but that standard cannot account for your values, your family dynamics, or the specific needs of your children.
The guardian named in your will does not automatically receive funds to care for your children. That is handled separately, typically through life insurance or a testamentary trust established within the will itself. At Bundza & Rodriguez, P.A., our attorneys understand that parents often have two distinct concerns when they sit down to plan: who will raise their children, and how those children will be financially supported. Both questions need answers, and both can be addressed within a comprehensive will and estate plan.
Families with children who have special needs face an additional layer of complexity. A straightforward inheritance can inadvertently disqualify a special-needs child from government benefits they depend on. A supplemental needs trust, sometimes called a special needs trust, can be built into an estate plan to ensure that an inheritance enhances a child’s quality of life without jeopardizing their eligibility for Medicaid, SSI, or other essential programs. This kind of forward-thinking planning is exactly what separates a well-crafted estate plan from a generic document.
Working Through the Probate Process in Volusia County
Even with a valid will in place, most Florida estates pass through some form of probate before assets are distributed to beneficiaries. Probate is the court-supervised process of validating the will, identifying and marshaling assets, settling outstanding debts and taxes, and ultimately transferring property to the rightful heirs. The Volusia County Courthouse, located in DeLand, handles probate matters for estates in this area, and the process can range from a streamlined summary administration to a full formal probate depending on the size and complexity of the estate.
Florida law distinguishes between summary administration and formal administration primarily based on the total value of the estate and how long ago the decedent passed. Estates valued under $75,000 (excluding exempt property) or those where the decedent has been deceased for more than two years may qualify for the simplified summary administration process. Larger or more complex estates typically require formal administration, which involves appointing a personal representative, publishing a notice to creditors, and working through a more detailed court process that can take several months or longer.
Our attorneys at Bundza & Rodriguez, P.A. assist personal representatives throughout every stage of probate, from filing the initial petition to resolving creditor claims and distributing inheritances to beneficiaries. When a will is contested or when questions arise about the validity of estate documents, that process becomes significantly more demanding. Having experienced legal counsel from the beginning can prevent procedural missteps that delay distribution and add unnecessary cost to an already difficult situation.
When Wills Are Contested and What Estate Litigation Involves
Not every probate proceeding is straightforward. Wills are sometimes challenged on grounds of undue influence, lack of testamentary capacity, fraud, or improper execution. In Volusia County and across Florida, probate litigation arises more often than most families anticipate, particularly in situations involving blended families, significant assets, or a change in estate documents shortly before a person’s death.
Undue influence is one of the most common bases for contesting a will. It occurs when someone in a position of trust, a caregiver, a new romantic partner, or even a family member, exerts pressure on a vulnerable individual to alter their estate plan in a way that benefits the influencer. The changes may appear voluntary on paper, but the circumstances surrounding them tell a different story. Florida courts take these claims seriously, and the attorneys at Bundza & Rodriguez, P.A. have experience both defending valid estate plans and pursuing claims on behalf of family members who have been deprived of their rightful inheritance.
Lack of testamentary capacity is another basis for challenge. Florida law requires that a person be of “sound mind” when executing a will, meaning they must understand the nature of making a will, the extent of their property, and the natural objects of their bounty. Cognitive decline from dementia or Alzheimer’s disease can raise genuine questions about whether these requirements were met. When the integrity of a will is in doubt, having skilled legal representation is essential to reaching a just outcome for everyone involved.
How Bundza & Rodriguez, P.A. Approaches Will Drafting and Estate Planning
Founded in 2007 by attorneys Corey Bundza and Michael Rodriguez, Bundza & Rodriguez, P.A. has spent nearly two decades serving the people of Volusia County. Both attorneys are long-time residents of this community, which means they bring not just legal knowledge but genuine familiarity with the families, concerns, and circumstances unique to this part of Florida. Every case is personally handled by an attorney, not delegated to a case manager or legal assistant.
The firm’s approach to estate planning is built on the recognition that legal documents alone are not enough. Understanding a client’s objectives, family structure, and long-term concerns is what makes the difference between a document that technically satisfies Florida’s requirements and one that genuinely reflects your wishes and protects the people you care about. Initial consultations are free, and the firm offers flexible scheduling including evening and weekend appointments to accommodate clients’ lives.
Whether your estate planning needs are straightforward or involve trusts, business succession, guardianship designations, or special circumstances, Bundza & Rodriguez, P.A. provides personalized strategies designed to fit your situation. The goal is not just to hand you a signed document but to ensure you leave the consultation with a clear understanding of what you have put in place and why.
Daytona Beach Wills Lawyer FAQs
Does Florida recognize handwritten wills?
No. Florida does not recognize holographic, or handwritten, wills as valid. To be enforceable in Florida, a will must be typed or printed, signed by the testator in front of two witnesses, and signed by those witnesses in each other’s presence and in the presence of the testator. Failing to follow these formalities can result in the will being declared invalid.
What happens to my estate if I die without a will in Florida?
If you pass away without a valid will, Florida’s intestacy laws determine how your assets are distributed. The outcome depends on your family situation but often does not reflect the wishes most people would express if asked. Spouses, children, and other relatives receive shares determined by statute, and those proportions may create disputes or practical complications that a will would have prevented entirely.
How often should I update my will?
Major life changes, including marriage, divorce, the birth of a child, the death of a named beneficiary or executor, significant changes in assets, or a move to a new state, are all strong triggers for reviewing and potentially updating your will. As a general practice, reviewing your estate planning documents every three to five years is a reasonable approach even without a specific triggering event.
Can a will be challenged after probate has been completed?
Once probate is finalized and assets have been distributed, it becomes significantly more difficult to challenge a will. Florida law sets specific deadlines for contesting a will, generally within three months after the notice of administration is served on interested parties. Missing this window can permanently foreclose the ability to bring a challenge, which is one reason prompt action is critical when concerns arise.
What is the difference between a will and a living trust?
A will goes into effect only upon death and must pass through probate before assets are distributed. A living trust, by contrast, takes effect during your lifetime and allows assets held within the trust to pass directly to beneficiaries without going through probate. Both instruments serve important purposes, and for many clients the most effective plan incorporates elements of both. An attorney can help you determine which structure or combination best fits your goals.
Who can serve as the executor of my estate in Florida?
Florida law requires that an executor, referred to as a personal representative in Florida, be either a Florida resident or a close relative of the decedent regardless of where they live. Close relatives include spouses, adult children, siblings, or parents. Non-relatives who live outside of Florida generally cannot serve as personal representative under Florida law, so this is an important consideration when choosing someone to name in your will.
Are there assets that a will does not control?
Yes. Certain assets pass outside of probate entirely and are not governed by the terms of your will. These include assets held in joint tenancy with right of survivorship, accounts with named beneficiaries such as retirement accounts and life insurance policies, and assets held in a trust. It is important to coordinate your beneficiary designations with your overall estate plan to ensure everything works together as intended.
Serving Throughout Daytona Beach and Surrounding Communities
Bundza & Rodriguez, P.A. proudly serves individuals and families throughout the greater Daytona Beach area and across Volusia County. Whether clients are located in the beachside communities of Daytona Beach Shores and Seabreeze, the quieter residential streets of South Daytona and North Daytona Beach, or the waterfront neighborhoods of Hidden Harbor and Oceanwalk, our attorneys are accessible and ready to assist. The firm also serves clients in Ormond Beach to the north and Port Orange to the south, as well as those in the inland communities of DeLand, where the Volusia County Courthouse is located, and beyond. East Daytona residents and families near the Tomoka River basin in Tomoka Village find the same level of attentive, personalized service that has defined this firm since 2007. For clients who cannot easily come to the office, the firm offers consultations at your home or at another convenient location, with evening and weekend availability that reflects a genuine commitment to being there when clients need help most.
Contact a Daytona Beach Wills Attorney Today
The difference between having a proper will in place and leaving your family without one can be measured in months of court proceedings, thousands of dollars in avoidable legal costs, and relationships strained by disputes that never had to happen. For those who work with an experienced Daytona Beach wills attorney, those risks are addressed head-on, with clear documents, sound legal guidance, and peace of mind that comes from knowing your family is protected. At Bundza & Rodriguez, P.A., initial consultations are free, every case is handled personally by an attorney, and the firm’s commitment to this community goes back nearly two decades. Reach out to our team today to schedule your consultation and take the first step toward securing your family’s future.
