New Smyrna Beach Will Contest Lawyer
Imagine discovering, after the death of a parent, that a will signed just weeks before their passing leaves nearly everything to a caregiver who moved in six months ago, cutting out children who had been named beneficiaries for decades. The family is grieving. The estate is already in probate. And without understanding Florida’s strict legal deadlines and the specific grounds required to challenge a will, that inheritance may be lost permanently. A New Smyrna Beach will contest lawyer can be the difference between a fair resolution and an outcome that honors neither your loved one’s true intentions nor your family’s legal rights. At Bundza & Rodriguez, P.A., our attorneys have been fighting for families in Volusia County since the firm was founded in 2007 by Corey Bundza and Michael Rodriguez, and they understand how deeply personal these disputes can be.
What Grounds Justify Contesting a Will in Florida?
Florida law does not allow anyone to contest a will simply because they are disappointed with its contents. There must be a recognized legal basis, and establishing that basis requires evidence, legal knowledge, and often expert testimony. The most common grounds include lack of testamentary capacity, undue influence, fraud, forgery, and improper execution. Each ground carries its own evidentiary requirements, and understanding which applies to your situation is the first critical step in building a viable case.
Lack of testamentary capacity means that the person who signed the will did not understand, at the time of signing, the nature of the document, the extent of their assets, or who their natural heirs were. This is particularly relevant in cases involving advanced dementia, Alzheimer’s disease, or other cognitive conditions. Medical records, caregiver testimony, and physician documentation often play a central role in establishing this ground. Undue influence, on the other hand, involves someone exerting pressure on the testator, perhaps a new romantic partner, a hired caregiver, or a controlling family member, to such a degree that the resulting will reflects the influencer’s wishes rather than the testator’s own.
Fraud and forgery are less common but do occur. In forgery cases, the signature itself may not belong to the deceased. Fraud involves deceiving the testator about what they were signing or misrepresenting facts that led to specific provisions. Florida also requires that wills be signed in the presence of two witnesses and notarized under specific circumstances. A will that fails to meet these formal execution requirements may be invalid regardless of the testator’s intent. Our attorneys examine every angle from the moment we review a case.
The Will Contest Process: From Filing to Resolution
Will contests in Florida are litigated through the probate court, and the process begins with filing a formal objection, often called a caveat or a petition to revoke probate. In Volusia County, probate matters are handled at the Volusia County Courthouse located at 101 N. Alabama Avenue in DeLand. Timing is essential. Florida law generally requires that interested parties act within specific windows after a will is admitted to probate or after receiving notice of administration. Missing these deadlines can permanently bar a claim, regardless of its merits.
Once the petition is filed, the case enters a discovery phase where both sides exchange evidence. This may include depositions of witnesses who were present at the signing, review of medical and financial records, and testimony from experts in fields such as geriatric psychiatry or handwriting analysis. Discovery in will contest litigation can be extensive, and the attorneys at Bundza & Rodriguez, P.A. personally handle every aspect of your case. Unlike many law firms, your matter will always be managed by an attorney, not delegated to a case manager or legal assistant.
Many will contests are resolved through mediation or settlement before reaching trial. When both sides recognize the strength or weakness of their respective positions, a negotiated resolution can distribute assets in a way that avoids prolonged litigation and further family strain. However, when the evidence supports it and a fair settlement cannot be reached, our attorneys will not hesitate to take a will contest to trial and aggressively advocate for your interests in front of a judge.
The Unexpected Reality of Undue Influence Cases
One fact that surprises many families is how frequently undue influence occurs not through overt threats or coercion, but through quiet, sustained isolation. A person who systematically limits a vulnerable elder’s contact with family, intercepts phone calls, drives them to and from appointments, and positions themselves as the sole trusted figure in that person’s life can exert enormous influence over estate planning decisions, often without a single raised voice. Courts look at the totality of circumstances, including the nature of the relationship, whether the influencer participated in preparing the will, and whether the resulting document reflects a dramatic departure from prior estate plans.
Florida courts have recognized a presumption of undue influence when the person who benefits from a will also had a confidential relationship with the testator and was actively involved in procuring that will. This presumption shifts the burden of proof to the beneficiary to demonstrate the will was the product of free and independent choice. Understanding how to establish or respond to that presumption requires experienced legal counsel who knows Florida’s probate statutes and case law inside and out.
At Bundza & Rodriguez, P.A., our attorneys have witnessed how financial exploitation of the elderly can transform a lifetime of carefully considered estate planning into something unrecognizable. These cases are never just about money. They are about honoring the true wishes of someone who is no longer here to speak for themselves, and that responsibility is one our legal team takes seriously.
Protecting Estates and Families Through Estate Litigation
Will contests fall under the broader category of estate litigation, which also includes trust disputes, breach of fiduciary duty claims against personal representatives, and actions to recover assets that were improperly transferred before death. These disputes can arise even in families where relationships were previously strong, and the stress of probate can intensify existing tensions. Having a firm that approaches these matters with both legal skill and genuine empathy makes a significant difference in how the process unfolds.
Our firm also handles situations where a person was manipulated into changing their will through fraudulent misrepresentation, or where legitimate heirs were disinherited based on false information provided by a third party. In these cases, we file legal actions on behalf of family members who have been deprived of their rightful portion of the estate. We have the experience, resources, and determination to pursue these claims effectively and efficiently, minimizing the time and emotional toll on our clients.
It is also worth noting that will contests are not exclusively filed by disgruntled heirs. Personal representatives and trustees sometimes need legal support in defending a valid will against frivolous challenges. Our attorneys are equally prepared to defend an estate from unfounded claims, ensuring that the administration process moves forward without unnecessary delay or disruption.
New Smyrna Beach Will Contest FAQs
Who has the legal standing to contest a will in Florida?
In Florida, standing to contest a will is generally limited to interested persons, which includes heirs at law, beneficiaries named in a prior will, and creditors of the estate. Simply being related to the deceased does not automatically confer standing. An attorney can review your relationship to the estate and advise whether you have a viable claim.
How long does a will contest typically take to resolve?
The timeline varies considerably depending on the complexity of the evidence, the number of parties involved, and whether the case settles or proceeds to trial. Some matters resolve within several months through mediation. Contested cases that go to trial may take a year or more. Early legal involvement generally helps streamline the process.
Can a will contest be filed after probate has already been opened?
Yes, but deadlines are critical. Florida law sets specific time limits for challenging a will after it has been admitted to probate and after notice of administration is served on interested parties. Acting promptly after learning of concerns is essential to preserving your legal options.
What happens if the court agrees the will was the product of undue influence?
If a court finds that undue influence rendered a will invalid, it will typically be revoked. The estate would then be distributed either under a prior valid will, if one exists, or according to Florida’s intestate succession laws, which govern how assets pass when there is no valid will.
Does contesting a will mean I am accusing someone of a crime?
Not necessarily. Grounds like lack of testamentary capacity or improper execution do not involve accusations of criminal conduct. Fraud, forgery, and undue influence can involve wrongdoing, but a will contest is a civil proceeding, not a criminal prosecution. The goal is to correct an unjust outcome in the distribution of an estate.
What does it cost to contest a will?
Estate litigation fees vary based on the scope and complexity of the case. Bundza & Rodriguez, P.A. accepts several forms of payment, including credit cards, and all initial consultations are free. Our attorneys will give you an honest assessment of your case during that consultation so you can make an informed decision.
Can the same attorney represent multiple family members in a will contest?
In some circumstances, yes, if their interests are aligned. However, if family members have potentially conflicting interests, separate representation is advisable to avoid conflicts of interest. An experienced estate litigation attorney can advise on how to proceed given your specific family situation.
Serving Throughout New Smyrna Beach and the Surrounding Area
Bundza & Rodriguez, P.A. proudly serves clients throughout the New Smyrna Beach area and the surrounding communities of Volusia County. Whether you are located in the historic waterfront district near Canal Street, in the residential neighborhoods off Indian River Boulevard, or further inland through Edgewater and Oak Hill, our attorneys are accessible and ready to help. We also assist clients throughout the greater Daytona Beach area, including South Daytona, Port Orange, and Ormond Beach, as well as families dealing with estate matters tied to properties and assets in Deltona and DeLand. Clients throughout the county can meet with our attorneys in our office, at their home, or at another convenient location, with weekend and evening consultations available for those who need flexibility.
Contact a New Smyrna Beach Will Contest Attorney Today
The outcomes in will contest cases are rarely random. Families who retain experienced legal representation early in the process consistently achieve better results than those who attempt to manage these disputes on their own or who wait too long to act. A skilled New Smyrna Beach will contest attorney can evaluate the strength of your claim, identify the right legal strategy, and guide your family through probate litigation with clarity and purpose. At Bundza & Rodriguez, P.A., our attorneys are long-time Volusia County residents who are personally invested in the communities they serve. Reach out to our team today to schedule your free initial consultation and take the first step toward ensuring your loved one’s true wishes are honored.
