New Smyrna Beach Estate Planning Lawyer
Most people think of estate planning as something to handle “eventually,” a task reserved for the elderly or the extremely wealthy. That assumption costs families dearly every year in Florida. When someone dies without a proper estate plan, or with documents that were never updated after a major life event, the result is rarely a smooth transfer of assets. It is often confusion, family conflict, and a court process that consumes both time and money. If you want to protect what you have built and give your loved ones clarity instead of chaos, working with a New Smyrna Beach estate planning lawyer is one of the most meaningful decisions you can make. At Bundza & Rodriguez, P.A., founded in 2007 by attorneys Corey Bundza and Michael Rodriguez, our team has spent years helping Volusia County families build estate plans that actually work when they are needed most.
What Happens When There Is No Estate Plan in Place
Florida’s intestate succession laws determine what happens to your assets if you die without a valid will. These laws follow a rigid formula that may have nothing to do with your personal wishes. A spouse may not receive what you assumed they would. Children from a prior relationship, a business partner, or a long-time companion may be left in positions none of them anticipated. The state does not know your story. It only knows its statutes, and it will apply them without any consideration for your family’s specific circumstances.
Beyond asset distribution, the absence of planning creates immediate practical problems. Without a designated personal representative, the probate court appoints one, and that person may not be someone you would have chosen. Without a durable power of attorney, a family member may be unable to access accounts or manage property while a loved one is incapacitated, even temporarily. These are not edge-case scenarios. They happen regularly throughout Volusia County, and they are entirely preventable.
One of the least-discussed consequences of poor planning is the emotional burden it places on surviving family members. Probate disputes, contested wills, and guardianship battles often arise not from greed but from confusion and grief. When the legal documents are clear, thorough, and properly executed, families can focus on healing rather than litigation. That clarity is the foundation of everything our estate planning attorneys work to build for each client.
The Most Common Estate Planning Mistakes and How to Avoid Them
Perhaps the single most frequent mistake people make is treating estate planning as a one-time event. A will signed in 2005 may not reflect a 2024 reality. Marriages, divorces, the birth of children or grandchildren, the death of a named beneficiary, the acquisition of significant property, or the start of a business all create circumstances that can render an old plan incomplete or even counterproductive. Florida law does not automatically update your documents when your life changes. You have to do that deliberately, and with proper legal guidance.
Another common error involves beneficiary designations on retirement accounts, life insurance policies, and bank accounts with transfer-on-death provisions. These designations pass assets outside of the probate process entirely, which sounds efficient. However, if those designations are outdated or conflict with the terms of your will, the result can be assets going to an ex-spouse, a deceased sibling, or a minor child who cannot legally receive them without additional court intervention. Our attorneys review these designations as part of a comprehensive estate planning process, not as an afterthought.
Failing to plan for incapacity is another oversight that surfaces repeatedly. Most people focus on what happens after death, but a prolonged illness or serious injury can create urgent legal needs while someone is still alive. A durable power of attorney, a healthcare surrogate designation, and a living will give trusted individuals the authority to act and ensure that your medical preferences are followed even when you cannot communicate them. Without these documents, families may find themselves petitioning for guardianship through the courts, a process that is slower, more expensive, and far more emotionally taxing than having documents prepared in advance.
Wills, Trusts, and Choosing the Right Tools for Your Situation
A will is the most recognized estate planning document, and for many people, it forms the core of their plan. A properly drafted will in Florida must meet specific legal requirements to be valid, including proper execution with witnesses. When those requirements are not met, the document can be challenged or invalidated entirely during probate. Our attorneys ensure that every will we draft is legally sound, clearly written, and reflective of your actual intentions, not just a generic template pulled from an online service.
Trusts offer a different set of advantages, and for many families in the New Smyrna Beach area, they are worth serious consideration. A revocable living trust allows assets to pass to beneficiaries without going through probate at all, which means faster access, greater privacy, and reduced administrative costs. Trusts can also be structured to protect assets for minor children, individuals with special needs, or beneficiaries who may not be prepared to manage a large inheritance responsibly. Irrevocable trusts serve different purposes, including Medicaid planning and asset protection strategies, and they require careful consideration before being established because their terms generally cannot be changed once signed.
There is an unexpected dimension to trust planning that many people overlook: business succession. Small business owners who live and work in communities like New Smyrna Beach often have most of their wealth tied up in their business, and they rarely have a formal plan for what happens to that business if they become incapacitated or die. A trust, combined with a buy-sell agreement or other business planning tools, can ensure that the business continues to operate, that employees are protected, and that surviving family members receive fair value. Our attorneys work with clients to address these intersecting concerns in a way that reflects both business and family goals.
Probate, Guardianships, and What Comes After
Even with a well-crafted estate plan, the death of a loved one often requires some involvement with Florida’s probate process. Our attorneys at Bundza & Rodriguez, P.A. assist personal representatives from the very beginning of the process, including filing the initial petition with the Seventh Judicial Circuit Court, which serves Volusia County from its courthouse in DeLand. We guide clients through marshaling assets, satisfying debts and tax obligations, and ultimately distributing the estate to its rightful beneficiaries. Our goal in every probate matter is to move efficiently so that families can reach resolution without unnecessary delay.
Guardianship proceedings are among the most emotionally complex matters our firm handles. When an elderly parent develops dementia, or when a young adult with a developmental disability needs legal protection, the legal system provides a structure for appointing a responsible guardian. However, the process involves court oversight, reporting requirements, and significant legal procedure. Florida’s guardianship laws were designed to protect vulnerable individuals, and our attorneys approach these matters with both legal rigor and genuine compassion for the families involved.
There are also situations where estate planning documents have been manipulated, altered, or created under conditions of undue influence or fraud. When a loved one’s will or trust does not reflect what that person genuinely wanted, and when outside pressure or deception appears to have played a role, legal action may be appropriate. Our firm represents family members in estate and probate litigation, pursuing claims on behalf of those who have been unfairly deprived of their rightful inheritance. These cases require both a sophisticated understanding of Florida estate law and the willingness to take matters before a judge when necessary.
New Smyrna Beach Estate Planning FAQs
Does Florida require a will to be notarized to be valid?
Florida does not require a will to be notarized in order to be valid, but it does require two witnesses who sign in the presence of the testator and each other. However, a will can be made “self-proved” through notarization, which simplifies the probate process later by eliminating the need to locate and question witnesses. Our attorneys include this step as a standard part of will preparation.
What is the difference between a durable power of attorney and a regular power of attorney?
A regular power of attorney terminates automatically if the person who granted it becomes incapacitated. A durable power of attorney remains in effect even after incapacity, which is precisely when it is most needed. For estate planning purposes, a durable power of attorney is almost always the appropriate choice, and Florida law imposes specific requirements for how it must be executed.
How does Florida’s probate process work for estates with a valid will?
When someone dies with a valid will in Florida, the will must be submitted to the probate court in the county where the deceased resided. The court validates the will, appoints a personal representative, and oversees the process of paying debts and distributing assets. The length and complexity of the process depends on the size of the estate, whether any claims are contested, and how well the estate planning documents were prepared. Formal administration is required for most estates, though simplified procedures exist for smaller ones.
Can I create a trust to avoid probate entirely?
A properly funded revocable living trust can allow many assets to pass to beneficiaries without going through probate. The key word is “funded.” The trust must actually hold the assets, meaning titles and account ownership must be transferred into the trust during your lifetime. Assets that remain in your individual name at death will likely still be subject to probate, even if you have a trust. Our attorneys help clients both draft the trust and complete the funding process.
What happens if someone contests a will in Florida?
A will contest is a formal legal challenge filed in probate court. Common grounds include lack of testamentary capacity, undue influence, fraud, and improper execution. These cases can delay the entire probate process and are emotionally difficult for families. Our attorneys represent both those defending the validity of a will and those with legitimate grounds to challenge one. The outcome depends heavily on the evidence and the specific facts of each situation.
At what age should someone start thinking about estate planning?
Any adult with assets, dependents, or specific wishes about medical care should have at least basic estate planning documents in place. This includes young adults who own property, have named beneficiaries on financial accounts, or have preferences about medical treatment. Waiting until retirement or a health crisis often means making important decisions under stress and time pressure. Starting early allows for a more thoughtful and thorough plan.
Does Bundza & Rodriguez, P.A. handle estate planning matters outside of Daytona Beach?
Yes. While Bundza & Rodriguez, P.A. is based in Daytona Beach, our attorneys serve clients throughout Volusia County and across Florida. Residents of New Smyrna Beach and surrounding communities regularly work with our firm for estate planning, probate, and guardianship matters. Initial consultations are free, and we are available for evening and weekend appointments when needed.
Serving Throughout the New Smyrna Beach Area
Bundza & Rodriguez, P.A. is proud to serve clients throughout the communities that make up this stretch of Florida’s coast and inland Volusia County. Whether you live in the historic downtown area near Canal Street, in the beachside neighborhoods east of the Indian River Lagoon, or further inland toward Edgewater and Oak Hill, our attorneys are accessible and ready to help. We also regularly assist clients from Port Orange, which sits just north along US-1, as well as those in Deltona, DeLand, and Ormond Beach who are looking for experienced estate planning counsel. Families in Holly Hill and South Daytona are equally well served by our firm’s long-standing presence in the region. The communities along this section of Florida’s coastline share a strong sense of place and deep roots, values that are fully compatible with thoughtful, family-centered estate planning. Our team understands the local landscape and the legal environment that governs it.
Contact a New Smyrna Beach Estate Planning Attorney Today
The right estate plan does not just reflect where you are today. It anticipates where your family will be in five, ten, or twenty years. It accounts for changes in your health, your relationships, your assets, and the law itself. Working with an experienced New Smyrna Beach estate planning attorney means having someone in your corner who will help you think through not just the documents but the decisions behind them. At Bundza & Rodriguez, P.A., attorneys Corey Bundza and Michael Rodriguez personally handle every client matter. Your case will not be passed off to a paralegal or a case manager. Every initial consultation is free, and we are available to meet in our office, at your home, or at another location that works for you. Reach out to our team today and take the first step toward giving your family the protection and clarity they deserve.
