DeLand Wills Lawyer
The days immediately following the loss of a family member are often a blur of grief, phone calls, and logistical decisions that feel impossible to face. Somewhere in the middle of all of that, questions about a will, about who inherits what, and about what happens next begin to surface. If the deceased had a valid will in place, that document becomes the foundation for everything that follows. If they did not, Florida’s intestacy laws step in and make those decisions for the family, often with results that do not reflect anyone’s actual wishes. Working with a DeLand wills lawyer before any of this happens is one of the most thoughtful things you can do for the people you love. At Bundza & Rodriguez, P.A., our attorneys have been helping Volusia County families prepare for the future since 2007, and we understand exactly what is at stake when these documents are not in place.
What the First 48 Hours After a Death Reveal About Estate Planning
When a loved one passes, the family often discovers very quickly whether that person had their affairs in order. Within the first day or two, questions emerge: Is there a will? Where is it kept? Who is named as the personal representative? Are there bank accounts, real estate holdings, or investment portfolios that need immediate attention? These questions are not just logistical, they are legal, and the answers have real financial and emotional consequences for everyone involved. In Florida, assets subject to probate cannot be touched until the court appoints a personal representative, which means families can be left waiting during an already painful period.
The difference between a family that moves through this period with clarity and one that is left scrambling is almost always preparation. A properly drafted will identifies the personal representative, clarifies how assets are to be distributed, and can even address who should care for minor children or special-needs dependents. Without that document, the probate court fills in the blanks according to statute, not according to the wishes of the person who passed. That distinction matters enormously, especially in blended families, situations involving business ownership, or estates with out-of-state property.
At Bundza & Rodriguez, P.A., attorneys Corey Bundza and Michael Rodriguez have seen firsthand what happens on both sides of this equation. They have guided families through smooth, well-planned estate administrations, and they have helped families pick up the pieces when no plan existed at all. Their experience as long-time Volusia County residents gives them a grounded understanding of the community they serve and the families who live here.
Florida Will Requirements and Recent Legal Considerations
Florida has specific statutory requirements that govern the validity of a will, and failing to meet even one of them can render the entire document unenforceable. Under Florida law, a will must be signed by the testator in the presence of two witnesses, both of whom must also sign in the presence of each other and the testator. A holographic will, which is a handwritten will signed by the testator but without witnesses, is not valid in Florida. This catches many people off guard, particularly those who have moved to Florida from states where holographic wills are recognized.
In recent years, Florida has also expanded its recognition of electronic wills, following legislative changes that allow for wills executed remotely in front of a notary using audio-video technology. While this development increased accessibility for many residents, it also introduced new questions about authentication and storage that are still being worked through in practice. Having an attorney oversee the drafting and execution of your will, whether in-person or using electronic methods, provides a critical layer of protection against challenges down the road.
Another area of growing attention in Florida estate law involves the interaction between wills and beneficiary designations. Many people assume that their will controls everything, but life insurance policies, retirement accounts, and payable-on-death bank accounts are governed by beneficiary designations, not the will. If those designations are outdated, the wrong person may inherit significant assets regardless of what the will says. A comprehensive estate plan addresses all of these components together, not in isolation.
Wills, Trusts, and Choosing the Right Tools for Your Estate
A will is the cornerstone of most estate plans, but it is rarely the only document a family needs. For individuals with minor children, a will is essential for naming a guardian, the person who will step in to raise your child if you are no longer able to do so. For individuals with a special-needs dependent, a supplemental needs trust can work alongside a will to provide for that person’s care without disqualifying them from government benefits. For business owners, a will may need to be coordinated with a buy-sell agreement or a business succession plan to avoid disruption when the owner dies.
Trusts offer a range of benefits that a will alone cannot provide. Assets held in a revocable living trust pass directly to beneficiaries without going through probate, which can save time, reduce costs, and keep the estate’s details out of the public record. Irrevocable trusts can be used to reduce estate tax exposure, shield assets from creditors, or make structured gifts to family members over time. The right trust structure depends entirely on the size and composition of your estate, your family dynamics, and your long-term goals.
At Bundza & Rodriguez, P.A., every client receives personalized attention tailored to their specific situation. The firm’s attorneys take the time to understand what matters most to you before recommending any particular strategy. That approach, combined with their courtroom experience and deep knowledge of Florida estate law, positions them to build plans that are both legally sound and practically effective.
When Wills Are Contested: Estate Litigation in Volusia County
One of the less-discussed realities of estate planning is that even a properly drafted will can be challenged after the testator’s death. Will contests typically arise when a family member believes the deceased lacked the mental capacity to make a will, was subjected to undue influence by another person, or when there is a question about whether the will was properly executed. These situations are more common than most people expect, and they can transform what should be a straightforward probate process into prolonged litigation.
The Volusia County Courthouse, located in DeLand on West Indiana Avenue, is where probate matters for residents in this area are filed and heard. Having an attorney who regularly practices in that courthouse and understands local procedural expectations is a meaningful advantage. Bundza & Rodriguez, P.A. handles estate litigation for families who believe they have been deprived of their rightful share of an estate, including situations where undue influence or fraud may have led to last-minute changes in a will or trust document.
Unfortunately, elder financial exploitation is a growing concern in Florida, and it sometimes manifests through alterations to estate planning documents. If you suspect that a family member’s will was changed under suspicious circumstances, or that an advisor, caregiver, or family member improperly inserted themselves into the estate planning process, there are legal remedies available. The attorneys at Bundza & Rodriguez, P.A. pursue these claims on behalf of affected families with the same aggressive advocacy they bring to every case they handle.
DeLand Wills Lawyer FAQs
Does Florida require a will to be notarized?
Florida law does not require a will to be notarized in order to be valid. However, having the will notarized in conjunction with a self-proving affidavit is strongly recommended. A self-proving will streamlines the probate process because the witnesses do not need to be located and questioned after the testator’s death. It is a small step that can save the estate significant time and expense.
What happens if someone dies without a will in Florida?
When a person dies without a will in Florida, they are said to have died intestate. Florida’s intestacy statutes then determine how the estate is distributed, which typically means the assets go to the closest surviving relatives in a specific order defined by law. This outcome may not reflect the deceased person’s actual wishes, particularly in blended families or situations where a close friend or unmarried partner was intended to inherit.
Can I write my own will in Florida?
Florida does not recognize handwritten wills that lack proper witness signatures, so attempting to write your own will without legal guidance carries significant risk. Even if you draft the content yourself, the execution process must strictly comply with Florida statutory requirements. Errors in signing, witnessing, or dating the document can render it invalid, which is why working with an attorney provides critical protection.
How often should I update my will?
Estate planning attorneys generally recommend reviewing your will after major life events such as marriage, divorce, the birth of a child, the death of a named beneficiary, or a significant change in your financial situation. Florida law automatically revokes certain provisions upon divorce, but relying on automatic revocation alone leaves too much to chance. A periodic review, roughly every three to five years, helps ensure your plan still reflects your current circumstances and intentions.
What is the difference between a personal representative and a trustee?
A personal representative, sometimes called an executor in other states, is the individual appointed by the court to administer a probate estate. Their role is temporary and ends when the estate is fully distributed. A trustee, by contrast, manages assets held within a trust, which may continue for years or even decades after the creator’s death. Many estate plans involve both roles, and they may be filled by the same person or by different individuals depending on the plan’s structure.
Can a will be challenged after probate is completed?
Generally, once a will has been admitted to probate and the estate has been fully distributed, challenging the will becomes significantly more difficult. Florida law imposes deadlines for filing objections, and courts are reluctant to unwind completed administrations. This underscores the importance of acting quickly if you have concerns about a will’s validity after a loved one’s death.
Does Bundza & Rodriguez, P.A. handle both drafting wills and estate disputes?
Yes. The firm handles the full spectrum of estate planning and estate litigation matters. Whether you are drafting a will for the first time, updating an existing plan, or facing a disputed estate situation, the attorneys at Bundza & Rodriguez, P.A. are equipped to assist. All initial consultations are free, and consultations can be scheduled during evenings and weekends to accommodate your schedule.
Serving Throughout DeLand and Volusia County
Bundza & Rodriguez, P.A. serves clients across a wide geographic area in and around Volusia County, including residents of DeLand, Daytona Beach, and the surrounding communities. Families throughout Deltona, Orange City, Debary, and Lake Helen regularly turn to the firm for estate planning guidance. The firm also works with clients in Port Orange, New Smyrna Beach, Edgewater, and Ormond Beach, extending its reach across the full length of the county. Whether you are located near Stetson University in the heart of DeLand, along the commercial corridors of U.S. Highway 17, or out in the quieter communities near Lake Woodruff, the attorneys at Bundza & Rodriguez, P.A. are accessible and ready to meet with you in their office or wherever else is most convenient for your situation.
Contact a DeLand Wills Attorney Today
Putting a will in place is one of the most direct ways to express care for the people who matter most to you. It is a decision that costs far less in time, money, and emotional energy than the alternative, and yet most people delay it longer than they should. At Bundza & Rodriguez, P.A., founded in 2007 by Corey Bundza and Michael Rodriguez, the firm has spent nearly two decades helping Volusia County residents create estate plans that hold up when it counts. If you are ready to work with an experienced DeLand wills attorney who will personally handle your case and give you the attention it deserves, reach out to the team at Bundza & Rodriguez, P.A. to schedule your free initial consultation today.
