New Smyrna Beach Estate Litigation Lawyer
The first hours after discovering that a loved one’s will has been altered, assets have gone missing, or an estate is being mismanaged are often a blur of grief, confusion, and disbelief. Families in this situation frequently describe feeling blindsided, uncertain whether what they suspect is even legally actionable. That instinct to pause and question yourself is exactly what those who manipulate estates count on. If you believe something is wrong with how an estate is being handled in Volusia County, speaking with a New Smyrna Beach estate litigation lawyer quickly can make a meaningful difference in what evidence is preserved, what claims remain viable, and what outcomes become possible. At Bundza & Rodriguez, P.A., our attorneys have been guiding families through contested estate matters since the firm was founded in 2007, and we understand how much is at stake when someone’s final wishes are called into question.
What Estate Litigation Actually Involves
Estate litigation is a broad term that encompasses any formal legal dispute arising from a deceased person’s estate. The most common scenarios include will contests, challenges to the validity of trust amendments, claims of undue influence, allegations of fraud, disputes over the conduct of a personal representative, and actions to recover assets that were improperly transferred before or after death. In Florida, these matters are governed by the Florida Probate Code, found in Chapters 731 through 735 of the Florida Statutes, along with case law that continues to develop as courts address increasingly sophisticated fact patterns.
One aspect of estate litigation that surprises many families is how document-intensive these cases become. Bank records, phone logs, medical evaluations, witness statements, and notary records all become relevant when someone challenges the circumstances under which a will was signed. Florida courts require a clear evidentiary record, and building that record takes time and legal skill. Our attorneys at Bundza & Rodriguez, P.A. personally handle every aspect of litigation, meaning an experienced lawyer, not a case manager or assistant, is reviewing the documents and developing your strategy from day one.
It is also worth understanding that estate litigation is not always adversarial in the most dramatic sense. Some matters can be resolved through mediation or negotiated agreements among interested parties. Others require full courtroom proceedings before a probate judge. The approach depends on the specific facts, the parties involved, and the strength of the evidence. What remains consistent is the need for an attorney who is equally skilled at the negotiating table and in front of a judge.
Undue Influence and Fraud in Florida Estates: A Growing Concern
Florida has one of the largest elderly populations in the country, and with that demographic reality comes an elevated risk of financial exploitation and undue influence. The most recent available data from adult protective services agencies consistently shows Florida ranking among the states with the highest reported rates of elder financial abuse. Estate documents, including wills and trust amendments, signed during periods of cognitive decline, illness, or social isolation are particularly vulnerable to challenge on these grounds.
Undue influence occurs when someone in a position of trust or authority over a testator, the person making the will, substitutes their own intentions for those of the testator. Florida courts have developed a well-defined framework for analyzing these claims. A presumption of undue influence can arise when a person who occupies a confidential relationship with the testator receives a substantial benefit under the will and was active in procuring or preparing the document. This presumption shifts the burden to the beneficiary to explain why the bequest was not the product of improper pressure.
What makes these cases particularly complex is that undue influence rarely leaves an obvious paper trail. It often unfolds gradually, through isolation, emotional manipulation, and slow erosion of the testator’s independence. Recognizing the signs and knowing how to investigate them is a skill our legal team has developed through years of handling contested estate matters throughout Volusia County. If you believe a family member was manipulated into changing their estate plan, the facts of what happened can often be reconstructed through careful legal work.
Challenging a Will or Trust in Volusia County Probate Court
Estate litigation in this region proceeds through the Volusia County Courthouse, located at 101 North Alabama Avenue in DeLand, Florida. Probate cases are heard in the circuit court, and the procedural requirements for filing a will contest or raising objections to estate administration are specific and time-sensitive. Florida law generally requires that objections to a will be raised within a defined period after the will is admitted to probate, which is one reason that early legal consultation is so important when something seems wrong.
A will contest in Florida must be based on legally recognized grounds. These include lack of testamentary capacity, meaning the testator did not understand what they were signing, their property, or who their natural heirs were; undue influence; fraud or forgery; improper execution, meaning the will was not signed and witnessed according to Florida’s formal requirements; and revocation, meaning the will being offered had actually been superseded by a later document. Each ground requires its own evidence and legal argument, and some cases involve multiple overlapping theories.
Trusts can be challenged on similar grounds, though the procedural path is somewhat different. Florida’s Trust Code includes provisions governing no-contest clauses, which some trust documents use in an attempt to discourage beneficiaries from raising disputes. Courts have examined these clauses carefully, and in many circumstances, a well-founded challenge does not trigger the consequences described in a no-contest provision. Understanding how these provisions function in Florida is an important part of evaluating whether a trust challenge is worth pursuing.
Personal Representative Misconduct and Breach of Fiduciary Duty
Not all estate disputes involve the validity of the underlying documents. A significant category of estate litigation involves the conduct of the personal representative, the individual appointed to administer an estate. Personal representatives in Florida owe a fiduciary duty to the estate’s beneficiaries, which includes the obligation to act impartially, preserve estate assets, make timely distributions, and provide accountings. When a personal representative fails in these duties, whether through neglect, self-dealing, or outright theft, affected beneficiaries have legal remedies available.
The remedies for personal representative misconduct can include removal, surcharge for losses caused to the estate, and in cases involving intentional wrongdoing, referral to law enforcement. Florida’s probate statutes provide clear authority for courts to act swiftly when there is evidence of mismanagement. Emergency motions can be filed when assets are at risk of being dissipated, hidden, or destroyed, and courts have the power to freeze accounts and require immediate accountings.
Beneficiaries are often reluctant to take action against a personal representative who is a family member, a close friend, or someone they trusted enough to serve in that role. That hesitation is completely understandable. But the fiduciary relationship is a legal obligation, not merely a moral one, and enforcing it through the courts is a legitimate and often necessary step to protect what a loved one worked their entire life to build. Bundza & Rodriguez, P.A. approaches these situations with the sensitivity they deserve while advocating firmly for our clients’ interests.
New Smyrna Beach Estate Litigation FAQs
How long does an estate litigation case typically take in Florida?
The timeline varies considerably depending on the complexity of the claims, the number of parties involved, and whether the matter settles before trial. Straightforward disputes may resolve within several months, while contested will cases that go to trial can take a year or more. Our attorneys work to move cases forward efficiently while being thorough enough to build the strongest possible argument.
Who can legally contest a will in Florida?
Florida law allows an “interested person” to contest a will. This generally includes heirs, beneficiaries under a prior will, and anyone else who would have a financial stake in the outcome. Simply being upset about the contents of a will is not sufficient. There must be a legal basis for the challenge and legal standing to bring it.
What happens to estate assets while litigation is pending?
Estate assets should remain preserved during the pendency of litigation. Courts can issue orders prohibiting distributions or requiring the personal representative to provide a bond. If there is an immediate risk that assets will be dissipated, an emergency petition can be filed. Acting quickly is particularly important when liquid assets or real property are at stake.
Can I challenge a trust amendment that was made shortly before my parent’s death?
Yes, trust amendments can be challenged on the same grounds as wills, including lack of capacity and undue influence. Amendments made during periods of serious illness, following a new relationship, or after sudden contact from an estranged individual are often scrutinized carefully by courts. Medical records and witness testimony from around the time of the amendment are typically central to these cases.
Are there costs involved in estate litigation if I am a beneficiary?
Florida law does allow, in certain circumstances, for attorney’s fees to be paid from the estate in probate litigation matters. The availability of this remedy depends on the nature of the case and how it is resolved. We discuss fee arrangements and potential recovery options during our free initial consultation so that you understand your options before making any decisions.
What is the difference between a will contest and a challenge to estate administration?
A will contest challenges the validity of the will itself, arguing it should not have been admitted to probate. A challenge to estate administration addresses how the personal representative is managing the estate, regardless of whether the will is valid. Both types of disputes are handled in the probate division of the circuit court, but they involve different legal theories and remedies.
Does Bundza & Rodriguez, P.A. handle estate litigation throughout Volusia County?
Yes. Our firm serves clients across Volusia County, including in New Smyrna Beach and surrounding communities. We have been serving this region since 2007 and are familiar with the local courts, procedures, and legal community.
Serving Throughout New Smyrna Beach and Surrounding Communities
Bundza & Rodriguez, P.A. proudly serves clients across the greater New Smyrna Beach area and throughout Volusia County. Whether you are located along the beachside neighborhoods near Flagler Avenue, in the historic canal district, or in the residential areas west of U.S. 1, our team is accessible to you. We regularly assist clients from Edgewater to the south, Oak Hill and the Turnbull Bay communities, and northward through Port Orange and South Daytona. Daytona Beach and Daytona Beach Shores are well within our service area, as are clients in Ormond Beach near Granada Boulevard and the communities further inland including DeLand, where the Volusia County Courthouse is located. We understand that families dealing with estate disputes are often spread across these communities, and we make our consultations as convenient as possible, offering evening and weekend availability and the option to meet wherever is most practical for you.
Contact a New Smyrna Beach Estate Litigation Attorney Today
When the integrity of an estate is in question, the decisions made in the earliest stages of a dispute often shape everything that follows. The attorneys at Bundza & Rodriguez, P.A. have spent years representing families in contested probate matters, will challenges, and personal representative disputes throughout this region. Corey Bundza and Michael Rodriguez built this firm on the principle that every client deserves direct attorney involvement and genuinely aggressive advocacy. If you believe something is wrong with how a loved one’s estate is being handled, a New Smyrna Beach estate litigation attorney from our firm is ready to review your situation, answer your questions, and help you understand what steps are available. Initial consultations are free, and we are committed to giving you the honest, clear assessment you need to move forward with confidence. Reach out to our team today to schedule your consultation.
