New Smyrna Beach Probate Litigation Lawyer
Most people assume that once a loved one passes away with a valid will in place, the distribution of their estate will proceed smoothly and without conflict. The reality is far more complicated. A properly signed and witnessed will can still be challenged in court, and in Florida, probate disputes arise with surprising frequency, even in otherwise close-knit families. When those disputes turn into formal legal battles, you need a New Smyrna Beach probate litigation lawyer who understands not only the law, but the deeply personal nature of what is at stake. At Bundza & Rodriguez, P.A., our attorneys have been representing clients in Volusia County and throughout Florida since 2007, and we bring a relentless, trial-tested approach to every probate dispute we handle.
What Probate Litigation Actually Involves
Probate litigation is not the same as ordinary estate administration. While estate administration refers to the orderly process of validating a will, paying debts, and distributing assets under court supervision, probate litigation occurs when that process is disputed. Someone may claim that the deceased lacked the mental capacity to sign a will. A family member may allege that another person exerted undue influence over the decedent during their final months. A creditor may contest the handling of estate assets. These are not minor procedural disagreements; they are adversarial legal proceedings that play out in probate court and require skilled advocacy.
One fact that surprises many people is that Florida does not require a lawyer to be present for basic probate proceedings, but the moment litigation begins, the dynamics shift entirely. Probate courts apply rules of civil procedure, rules of evidence, and specific Florida statutes that govern how disputes must be raised, briefed, and argued. An attorney who handles only transactional estate work may not have the trial experience necessary to effectively litigate a contested will or pursue a claim for breach of fiduciary duty. At Bundza & Rodriguez, P.A., our attorneys are proven trial lawyers, not document preparers. We personally handle every aspect of your case, which means when your matter goes to a hearing or trial, the attorney who prepared your case is the same one standing beside you in court.
Common grounds for probate litigation in Florida include will contests based on lack of testamentary capacity, undue influence claims, allegations of fraud or forgery, breach of fiduciary duty by a personal representative, and disputes over the proper interpretation of ambiguous will provisions. Each of these theories requires a distinct legal and factual strategy. Our team evaluates the specific circumstances of your case to identify the strongest available grounds and build a cohesive argument designed to achieve the best possible outcome.
How Attorneys Build a Probate Litigation Case
A successful probate litigation case is built long before anyone sets foot in a courtroom. The foundation begins with a thorough review of all relevant documents, including the contested will, any prior versions of the will, trust documents, financial records, medical records, and correspondence. Medical records are particularly critical in capacity and undue influence cases. If a decedent was diagnosed with dementia or another cognitive condition in the period leading up to signing a will, those records can be central to establishing that they lacked the testamentary capacity required under Florida law.
Witness testimony often plays an equally important role. The attorneys and witnesses who were present at the will signing may be deposed. Caregivers, financial advisors, family friends, and healthcare providers may all have observed interactions that speak directly to the decedent’s state of mind or the influence others may have had over them. At Bundza & Rodriguez, P.A., we approach each case with the investigative rigor of a trial team, identifying and interviewing witnesses early and preserving critical evidence before it becomes unavailable.
One of the more unexpected aspects of Florida probate litigation is the role that circumstantial evidence plays in undue influence cases. Florida courts recognize a presumption of undue influence when certain factors are present, such as when a beneficiary had a confidential relationship with the decedent and was active in procuring the will. This presumption shifts the burden of proof in a meaningful way, and knowing how to invoke it or defend against it can dramatically shape the outcome of a case. Our attorneys understand these procedural advantages and use them strategically on behalf of our clients.
Protecting Heirs and Beneficiaries From Estate Misconduct
Unfortunately, not every personal representative or trustee fulfills their obligations honestly. Florida law imposes significant duties on those who manage estate assets, and when those duties are violated, the harm to rightful heirs can be substantial. A personal representative who delays distributing assets, fails to inventory property accurately, uses estate funds for personal expenses, or favors certain beneficiaries over others may be liable for breach of fiduciary duty. Our firm has significant experience filing legal actions on behalf of family members who have been deprived of their rightful portion of an estate.
These cases are not limited to outright theft. Sometimes the misconduct is subtler, like a trustee who makes consistently poor investment decisions that erode trust assets, or a personal representative who fails to properly account for real estate or business holdings. In other cases, the person managing the estate manipulates a vulnerable decedent into changing beneficiary designations or transferring assets shortly before death. The Volusia County Courthouse in DeLand serves as the venue for many of these proceedings, and our team is well-acquainted with the local court’s procedures and expectations.
When these situations arise, time matters. Florida’s probate code has specific deadlines for raising objections and filing claims within estate proceedings. Missing these deadlines can permanently foreclose your ability to recover, regardless of how strong your underlying case might be. Speaking with an attorney as soon as you suspect misconduct gives our team the best opportunity to act before those windows close.
Defending Personal Representatives Against Probate Claims
Probate litigation is not always about challenging a will or pursuing a dishonest fiduciary. Personal representatives who are faithfully carrying out their duties sometimes find themselves targeted by disgruntled heirs or beneficiaries who believe they deserve more than the will provides. Defending against these claims requires a clear understanding of both the procedural obligations a personal representative must meet and the substantive legal standards that govern estate administration in Florida.
A personal representative who fails to respond appropriately to a probate claim can find themselves personally liable for amounts that far exceed any compensation they received for administering the estate. Our attorneys assist personal representatives in documenting their actions, responding to objections, and, when necessary, defending their conduct in court. We help clients understand the full scope of their legal duties so that they can administer an estate confidently, knowing that their decisions are well-documented and legally sound.
Whether you are an heir pursuing a claim or a personal representative defending one, having experienced legal representation at every stage of the process is essential. Probate courts expect parties to comply with procedural rules that can be intricate, and errors made early in the process can have consequences that are difficult or impossible to correct later.
New Smyrna Beach Probate Litigation FAQs
How long does probate litigation typically take in Florida?
The timeline varies considerably depending on the complexity of the dispute and the court’s schedule. Straightforward objections may be resolved within a few months, while contested will cases involving multiple parties, extensive discovery, and trial can take a year or more. Working with experienced counsel who prepares cases efficiently can help minimize unnecessary delays.
Can a will be challenged after the estate has already been distributed?
In most circumstances, a will contest must be filed within the timeframes established by Florida’s probate code. Once the estate has been closed and assets distributed, pursuing a challenge becomes significantly more difficult. This is why early consultation with an attorney is so important when you suspect that a will was the product of fraud, undue influence, or incapacity.
What is the difference between a will contest and a trust dispute?
A will contest challenges the validity of a will in the probate court proceeding. A trust dispute, by contrast, may involve questions about how a trustee is managing trust assets, whether a trust was validly executed, or how trust terms should be interpreted. Both types of disputes involve complex litigation, but they are governed by different legal frameworks under Florida law.
Does Florida allow someone to be disinherited in a will?
Florida law gives individuals broad latitude to disinherit most family members, including adult children. However, a surviving spouse has specific rights under Florida’s elective share statute that cannot be overridden by a will. Additionally, if a minor child is not provided for in a will, separate homestead and family allowance protections may apply.
What happens if a personal representative refuses to account for estate assets?
Beneficiaries have the right to demand a formal accounting from the personal representative. If the representative fails to comply, a court can compel the accounting and, in some cases, remove the representative from their role. Our attorneys are experienced in seeking court intervention when fiduciaries fail to meet their obligations.
Are probate litigation cases handled on a contingency fee basis?
Fee arrangements for probate litigation vary depending on the nature of the case. Our firm handles personal injury matters on a contingency basis, and we accept several forms of payment for other legal matters, including credit cards. We offer free initial consultations so that you can discuss your situation with an attorney before making any decisions about representation.
Is mediation required before a probate dispute goes to trial in Florida?
Florida courts frequently encourage or require mediation in contested probate matters before proceeding to trial. Mediation can be an effective way to resolve disputes more quickly and with less expense, and our attorneys are skilled negotiators who pursue favorable settlements when appropriate. However, we are equally prepared to proceed to trial when a negotiated resolution is not in our client’s best interest.
Serving Throughout New Smyrna Beach and Surrounding Communities
Bundza & Rodriguez, P.A. serves clients throughout the greater New Smyrna Beach area and the surrounding communities of Volusia County. Whether you are located in the historic Canal Street district, near the Flagler Avenue corridor, or in the residential communities along South Causeway, our team is accessible and ready to help. We also regularly assist clients from Edgewater and Oak Hill to the south, as well as those in Port Orange and South Daytona to the north. Our practice extends throughout Volusia County, including the areas surrounding DeLand, where the Volusia County Courthouse is located, and clients in Deltona who need representation in estate disputes. From the coastal communities near Canaveral National Seashore to the inland neighborhoods of Osteen and Samsula-Spruce Creek, distance is not a barrier. We offer consultations in our office, at your home, or wherever is most convenient, including evenings and weekends.
Contact a New Smyrna Beach Probate Litigation Attorney Today
When an estate dispute threatens to upend your family and deprive you of what you are rightfully owed, you deserve attorneys who will fight for you without hesitation. Corey Bundza and Michael Rodriguez founded this firm with a commitment to aggressive, personalized representation, and that commitment extends to every probate litigation matter we handle. As long-time Volusia County residents, we understand the local courts, the local community, and the real-life stakes involved in these cases. Reach out to our team today to schedule your free initial consultation with a New Smyrna Beach probate litigation attorney who will personally handle your case from start to finish.
