Ormond Beach Estate Litigation Lawyer
The days immediately following a loved one’s passing are filled with grief, phone calls, and paperwork. Then, sometimes without warning, a family member receives a document suggesting that the will they expected tells a very different story than the one they knew. Maybe an asset that was supposed to pass to them is missing from the estate. Maybe a new will surfaces, one signed weeks before death when the deceased was hospitalized and heavily medicated. Maybe a sibling has been quietly transferring funds from a joint account for years. Within 24 to 48 hours of these discoveries, the decisions you make can significantly shape the outcome of what follows. Having a skilled Ormond Beach estate litigation lawyer in your corner from the very beginning is not a luxury; it is the difference between preserving what your loved one intended and watching it disappear into a contested legal process that drags on for years.
What Estate Litigation Actually Looks Like in Florida Today
Estate litigation has evolved considerably over the past decade. Florida courts are seeing a meaningful increase in contested probate proceedings driven by a combination of factors: blended family dynamics, digital assets that are difficult to trace, aging populations vulnerable to undue influence, and a rise in informal estate planning done without proper legal guidance. The Seventh Judicial Circuit Court, which serves Volusia County and handles probate matters for residents throughout the Ormond Beach area, has seen its docket grow with disputes ranging from will contests to claims of fiduciary misconduct against personal representatives.
What many families do not anticipate is how quickly a dispute can accelerate. Florida’s probate rules impose specific deadlines, and missing them can permanently eliminate certain legal rights. For example, objections to the validity of a will must typically be filed within a defined window after the will is admitted to probate. Claims against a personal representative for mismanagement often require formal legal action before the estate is closed. Waiting to “see how things develop” is rarely a viable strategy when the legal clock is already running.
At Bundza & Rodriguez, P.A., our attorneys have been handling estate disputes in Volusia County since the firm was founded in 2007 by Corey Bundza and Michael Rodriguez. Both are long-time Volusia County residents who understand how local courts operate and how these disputes affect real families in this community. That local knowledge carries practical value in litigation that purely transactional firms simply cannot replicate.
Common Grounds for Challenging a Will or Trust in Volusia County
Not every estate dispute involves outright fraud, though some do. Many begin with a genuine sense that something went wrong during the estate planning process itself. Florida law recognizes several distinct grounds for challenging a will or trust, and understanding the difference matters because each requires a different legal approach and different types of evidence.
Lack of testamentary capacity is one of the most frequently raised claims in Florida estate litigation. To execute a valid will, a person must understand the nature and extent of their property, know who their natural heirs are, and appreciate what it means to distribute that property at death. When dementia, a stroke, or the effects of heavy medication impair that understanding, the resulting document may not reflect the person’s true wishes. Medical records, physician testimony, and witness accounts from caregivers or family members often become central to these cases.
Undue influence is a separate but related claim. This occurs when someone in a position of trust, a caregiver, a new romantic partner, or even a family member, uses that relationship to pressure or manipulate a vulnerable person into changing their estate plan. Florida courts have become increasingly attentive to these claims in recent years, particularly in cases involving elderly individuals who were isolated from other family members in their final months. Proving undue influence requires building a factual picture of the relationship, the deceased’s vulnerability, and the circumstances under which the documents were changed.
When a Personal Representative Breaches Their Duty
Not all estate litigation begins with a challenge to documents. A significant portion of disputes arise after probate is already underway, when beneficiaries realize that the personal representative is not fulfilling their legal obligations. Personal representatives in Florida have a fiduciary duty to act in the best interests of the estate and its beneficiaries. When they fail to do so, either through negligence or self-dealing, litigation may become necessary to hold them accountable.
Common examples include failing to properly inventory estate assets, delaying distributions without justification, paying themselves excessive fees, selling property below market value to connected parties, or simply failing to communicate with beneficiaries. In some cases, a personal representative actively diverts estate assets for personal use. Florida law provides mechanisms to remove a personal representative who is not fulfilling their duties and to seek surcharge, meaning financial compensation, for losses caused by their misconduct.
The attorneys at Bundza & Rodriguez, P.A. handle both sides of these disputes. We represent beneficiaries who believe a personal representative has acted improperly, and we also represent personal representatives who are facing unfair accusations. What matters in every case is the evidence, the law, and a clear-eyed assessment of what can be proven in court. Our attorneys personally handle every aspect of each case, meaning you are working directly with a lawyer, not a case manager or legal assistant passing information back and forth.
An Unexpected Reality: Estate Litigation Can Protect Living People Too
Most people associate estate disputes with wills and inheritances, but one of the most urgent and underappreciated areas of estate litigation involves the protection of living individuals. Guardianship disputes and challenges to improperly executed powers of attorney are forms of estate litigation that arise while the subject of the legal proceeding is still alive and may be actively at risk of financial or personal harm.
When someone exploits a power of attorney to transfer assets, drain bank accounts, or make real estate transactions that benefit themselves at the expense of the person they are supposed to be serving, immediate legal intervention is critical. Florida courts have the authority to freeze accounts, invalidate fraudulent transfers, and impose liability on those who abuse positions of trust. Acting fast matters enormously in these situations because transferred assets can be difficult or impossible to recover once they have been dispersed.
Bundza & Rodriguez, P.A. has experience with the full spectrum of estate-related litigation, from challenging the validity of documents to pursuing claims against those who take advantage of vulnerable individuals. This comprehensive approach means that our clients do not need to piece together representation from multiple firms when their situation involves overlapping issues.
Building Your Case: Evidence, Strategy, and What to Expect
The first meaningful step in any estate dispute is assembling the facts. That means gathering the relevant documents, including prior versions of wills and trusts, financial records showing asset transfers, medical records establishing the decedent’s mental state, and communications between key parties. In many cases, what looks like a straightforward dispute on the surface turns out to be significantly more complex once the documentary record is fully reviewed.
Estate litigation in Florida can proceed through several channels. Some disputes are resolved through mediation, which is often required by Florida courts before a case proceeds to trial. Others require formal litigation before a probate judge. Our firm is built around trial capability. Corey Bundza and Michael Rodriguez are proven trial attorneys who have fought for clients in courtrooms throughout Volusia County. We always attempt to reach a fair resolution before taking a case to trial, but we will not compromise a client’s rightful outcome simply to avoid the courtroom.
Clients working with our firm receive transparent communication throughout the process. We explain what the evidence supports, what the risks are, and what realistic outcomes look like at each stage. Estate disputes are emotionally difficult. They often pit family members against each other and force painful conversations about relationships and money. We provide honest counsel to help clients make informed decisions rather than reactive ones.
Ormond Beach Estate Litigation FAQs
How long does estate litigation typically take in Volusia County?
The timeline depends heavily on the complexity of the dispute and whether it can be resolved through mediation or requires a full trial. Some contested probate matters resolve within several months, while complex cases involving multiple claims or appeals can extend two years or more. The Seventh Judicial Circuit Court, which handles Volusia County probate matters, generally moves cases forward on a structured schedule, but delays can occur depending on caseload and the specific issues involved.
What happens if I miss the deadline to contest a will in Florida?
Missing Florida’s statutory deadlines for will contests can permanently extinguish your ability to bring a claim. Florida law imposes strict time limits, and courts rarely grant exceptions. This is one of the most important reasons to consult an attorney as soon as you have reason to question the validity of a will or the administration of an estate.
Can a trust be challenged the same way a will can?
Yes. Trusts in Florida can be challenged on grounds similar to those applied to wills, including lack of capacity, undue influence, fraud, and improper execution. Trust litigation has its own procedural rules and timelines, however, and the approach to building a case may differ depending on the type of trust and how it was administered during the grantor’s lifetime.
What is the difference between estate litigation and probate administration?
Probate administration is the court-supervised process of validating a will, paying debts, and distributing assets. Estate litigation refers to legal disputes that arise during or outside of that process, such as challenges to documents, claims against fiduciaries, or disputes among beneficiaries. Administration can become litigation when disagreements arise that cannot be resolved without court intervention.
Does estate litigation always end up in court?
Not necessarily. Many estate disputes are resolved through negotiation or mediation before reaching trial. Florida courts often require mediation in probate disputes, and this process can be effective when parties are willing to engage in good faith. However, when the stakes are high and one side is acting in bad faith, trial may be the only path to a fair outcome.
Who pays the legal fees in Florida estate litigation?
Florida law provides that under certain circumstances, attorney fees in estate litigation can be paid from the estate itself, particularly in cases involving the actions of a personal representative. In other situations, fees are handled through arrangements between the client and the attorney. Our firm offers free initial consultations to discuss the specifics of your situation and how fees would be structured for your case.
Can I remove a personal representative who is mishandling an estate?
Yes. Florida probate law allows beneficiaries to petition the court for removal of a personal representative who has breached their fiduciary duty, failed to perform required duties, or whose conduct has harmed the estate. The court can also order the personal representative to account for assets and surcharge them for losses caused by their misconduct.
Serving Throughout Ormond Beach and Volusia County
Bundza & Rodriguez, P.A. serves clients across Ormond Beach and throughout the broader Volusia County region. Whether you are located near the historic district along Granada Boulevard, in the quiet residential areas near Tomoka State Park, or closer to the beachside communities along Ocean Shore Boulevard, our team is accessible and ready to help. We regularly assist clients throughout Daytona Beach, South Daytona, Daytona Beach Shores, Port Orange, New Smyrna Beach, Holly Hill, and Edgewater. Clients from the Tomoka Village area and communities along U.S. 1 and Interstate 95 have trusted our firm with their most sensitive legal matters. We offer consultations at our office, at your home, or at whatever location works for your circumstances, including evenings and weekends when needed.
Contact an Ormond Beach Estate Litigation Attorney Today
When a family inheritance is at stake, when documents appear to have been manipulated, or when someone you trusted with an estate is not acting in good faith, the outcome depends on the legal team you choose. The estate litigation attorneys at Bundza & Rodriguez, P.A. have been representing Volusia County families since 2007, combining trial-ready advocacy with the kind of personalized attention that only a firm deeply rooted in this community can offer. Initial consultations are free. Reach out to our team today to discuss your situation and learn how an experienced Ormond Beach estate litigation attorney can help you pursue the outcome your family deserves.
