New Smyrna Beach Wills Lawyer
Here is a fact that surprises many Florida families: a will signed in another state does not automatically become invalid when you move to Florida, but it may fail to accomplish what you intended under Florida’s specific laws governing property, spousal rights, and asset distribution. That gap between “technically valid” and “actually effective” is where estates fall apart and families end up in costly disputes. If you have assets, dependents, or any property you care about, having a properly drafted Florida will is not a formality. It is one of the most consequential legal decisions you will make. At Bundza & Rodriguez, P.A., our New Smyrna Beach wills lawyer team helps individuals and families throughout the area create clear, enforceable estate planning documents that hold up when it matters most.
Why Most Florida Wills Are Less Effective Than People Assume
Florida has some of the most specific will execution requirements in the country. Under Florida Statute 732.502, a will must be signed by the testator in the presence of two witnesses, who must then sign in the presence of the testator and each other. That sounds straightforward. But attorneys regularly encounter wills that were signed at different times, witnessed by interested parties, or drafted without accounting for Florida’s elective share provisions, which give a surviving spouse the right to claim 30 percent of the elective estate regardless of what the will says. That provision alone can dramatically alter the outcome of an estate that was supposed to go to children from a prior marriage, a charity, or a business partner.
Another common misconception is that a will controls everything. In reality, assets held in joint tenancy with right of survivorship, accounts with designated beneficiaries, and property held in a trust pass outside the will entirely. This means a will that looks comprehensive on paper may only govern a fraction of what a person actually owns. Many families discover this reality during probate, when it is far too late to fix. A skilled wills attorney takes inventory of how assets are actually titled, not just what a will says, and builds a coordinated strategy around that full picture.
There is also the issue of ambiguity. Vague language in a will, even language that seemed clear to the person who wrote it, can create grounds for a will contest in Florida probate court. Words like “personal property” or “equally divided” carry specific legal meanings that may not match what the testator intended. At Bundza & Rodriguez, P.A., our attorneys draft wills with precision, using language that reflects your actual wishes while minimizing the interpretive room that leads to family conflict down the road.
What a Strong Estate Plan Looks Like Beyond the Basic Will
A will is the foundation, but a complete estate plan often requires more. Depending on your family situation, the types of assets you own, and your long-term goals, additional tools may be essential. Revocable living trusts are among the most powerful of these tools because they allow assets to transfer to your beneficiaries without going through the probate process entirely. For families who own property in multiple states or who have significant assets, avoiding probate is not just about convenience. It can mean the difference between a few months of administration and years of court involvement.
Durable powers of attorney and health care surrogates are equally critical components that a will simply cannot address. If you become incapacitated without these documents in place, your family may be forced to pursue a guardianship through the courts, a process that is time-consuming, emotionally draining, and expensive. Florida’s guardianship laws exist precisely to protect those who cannot make decisions for themselves, but a proactive estate plan can make formal guardianship unnecessary by designating trusted people to act on your behalf before a crisis occurs.
For parents of minor children or children with special needs, the stakes are even higher. A will allows you to nominate a guardian for your children, but a special needs trust ensures that an inheritance does not inadvertently disqualify a dependent from receiving government benefits like Medicaid or Supplemental Security Income. These are not abstract legal concerns. They are real-world outcomes that our attorneys at Bundza & Rodriguez, P.A. help families anticipate and prevent by designing plans that account for every layer of your situation.
How Our Attorneys Build a Will That Actually Holds Up
The process of drafting a valid, effective will begins with understanding your complete asset picture, your family relationships, and your goals. That means an actual conversation, not a form you fill out online. Corey Bundza and Michael Rodriguez founded this firm in 2007 with a commitment to personal attention, and that commitment runs through every matter the firm handles. When you work with our estate planning team, an attorney handles your case directly. Not a legal assistant, not a case manager. An attorney who understands Florida law and understands your family.
From the initial consultation, our attorneys evaluate how your property is titled, identify any gaps or conflicts between your existing documents and your intentions, and develop a coordinated strategy. For clients who already have a will drafted in another state or written years ago, we conduct a thorough review to determine what still works, what no longer reflects your wishes, and what Florida law may affect. Life changes such as marriage, divorce, the birth of a child, or the death of a prior beneficiary can all render an older will ineffective or even counterproductive.
Our attorneys also advise clients on how to minimize the potential for a will contest after death. Florida recognizes limited grounds for challenging a will, including lack of testamentary capacity, undue influence, fraud, and improper execution. By documenting the circumstances of your will’s execution carefully and structuring the document to reflect clear, rational intent, we build a record that makes a future challenge far more difficult to sustain. This kind of forward-thinking draftsmanship is what separates a will that holds up from one that becomes the centerpiece of an expensive courtroom dispute.
Estate Litigation and What Happens When Wills Are Challenged
Even the best-drafted will can face a challenge. Family dynamics are complex, and disagreements over inheritances can surface in ways that no one anticipated. At Bundza & Rodriguez, P.A., our team handles both sides of estate and probate litigation. We represent family members who believe a will was executed under undue influence or at a time when the testator lacked the mental capacity to make sound decisions. We also defend personal representatives and beneficiaries against unfounded challenges that threaten to delay or diminish an estate.
In Volusia County, probate matters are handled through the Circuit Court, and our attorneys have the experience to handle litigation in that forum efficiently and effectively. Estate disputes rarely improve with time. Documents can be lost, witnesses become unavailable, and the cost of protracted litigation erodes the very inheritance that was meant to be protected. Moving decisively and with experienced legal counsel is the most effective way to resolve these matters.
We also handle cases where a loved one was taken advantage of by someone who influenced changes to a will or other estate documents against the true wishes of the deceased. This form of financial exploitation of the elderly is unfortunately common, and the legal remedies available under Florida law can be pursued aggressively by our attorneys on behalf of those who have been wrongfully deprived of their rightful inheritance.
New Smyrna Beach Wills and Estate Planning FAQs
Does Florida require a will to be notarized to be valid?
Florida does not require notarization for a will to be valid. However, adding a self-proving affidavit, which does require notarization, can simplify the probate process significantly by allowing the court to accept the will without requiring witness testimony. Our attorneys routinely include this step as part of proper will execution.
Can I write my own will in Florida without an attorney?
Florida law does not require an attorney to draft a will. However, Florida does not recognize holographic wills, meaning handwritten wills without proper witness signatures are not valid. DIY wills that fail to comply with execution requirements or that contain ambiguous language often lead to probate disputes, defeating the entire purpose of having a will in the first place.
What happens if I die without a will in Florida?
Dying without a will in Florida means your estate is distributed according to Florida’s intestate succession laws. This may result in outcomes that are entirely different from what you would have chosen. For example, your spouse and children may share your estate in proportions you never intended, and a partner you were not legally married to receives nothing regardless of the length of your relationship.
How often should I update my will?
Estate planning attorneys generally recommend reviewing your will every three to five years and after any major life event such as marriage, divorce, the birth of a child, a significant change in assets, or the death of a named beneficiary or executor. Florida law does not automatically revoke a will upon remarriage, so proactive updates are essential to keeping your plan current.
Can a will in Florida be contested after probate is closed?
Once the probate court issues a final order of discharge, contesting the will becomes extremely difficult. Florida imposes strict deadlines on will contests, and waiting too long to raise a challenge forfeits most available legal remedies. If you have concerns about the validity of a will, consulting with an estate litigation attorney promptly is critical.
What is the difference between a will and a living trust in Florida?
A will takes effect only upon your death and must pass through the probate process. A revocable living trust can hold assets during your lifetime and transfer them to beneficiaries after your death without court involvement. Many Florida residents use both, with a pour-over will that directs any assets not already in the trust to be transferred into it at death.
Does Florida have an estate or inheritance tax?
Florida does not impose a state estate tax or an inheritance tax. However, federal estate tax may apply to larger estates, and the threshold has changed multiple times over the years. Proper planning that accounts for federal tax exposure remains important for high-net-worth individuals and business owners.
Serving Throughout New Smyrna Beach and Surrounding Communities
Bundza & Rodriguez, P.A. serves clients throughout the New Smyrna Beach area and across Volusia County, including communities along the coast and inland areas that make up this diverse region. Whether you are located near the historic canal district of downtown New Smyrna Beach, in the quieter residential areas near Turnbull Bay, or in communities closer to Edgewater and Oak Hill to the south, our attorneys are accessible and ready to meet your needs. We also work with clients throughout the broader Daytona Beach area, including South Daytona, Port Orange, and Ormond Beach to the north, as well as DeLand and other inland Volusia County communities where families are building legacies they want protected. Weekend and evening consultations are available, and our team can meet wherever is most convenient for you, whether that is our office or your home.
Contact a New Smyrna Beach Wills Attorney Today
The right estate plan does more than distribute assets. It removes uncertainty, prevents family conflict, and gives you the freedom to focus on living rather than worrying about what happens when you are gone. A will drafted carefully and reviewed regularly becomes the foundation of a lasting legacy. That relationship with an experienced New Smyrna Beach wills attorney does not end when the documents are signed. It evolves as your life does, ensuring that your plan stays aligned with your wishes no matter what changes come. Bundza & Rodriguez, P.A. offers free initial consultations, and our attorneys are ready to help you take the first step toward genuine peace of mind. Reach out to our team today to schedule your consultation.
