Port Orange Will Contest Lawyer
Most people assume that once a will is signed and notarized, it is essentially untouchable. That assumption is wrong, and it costs families across Florida thousands of dollars and years of grief every year. A signed will is not automatically a valid will. Florida law establishes strict requirements for execution, capacity, and freedom from undue influence, and when those requirements are not met, the document can be challenged in court. If you believe a loved one’s final wishes were distorted by manipulation, fraud, or diminished mental capacity, working with a Port Orange will contest lawyer at Bundza & Rodriguez, P.A. may be the most meaningful step you take on behalf of your family.
What Most Families Get Wrong About Contesting a Will
Here is something that surprises many people: in Florida, the majority of will contests are not filed because someone is simply unhappy with an inheritance. They are filed because something genuinely went wrong during the creation or execution of the document. Florida Statute Section 732.502 specifies the formal requirements a will must meet to be legally valid. The testator must sign the will in the presence of two witnesses, both of whom must also sign in the presence of the testator and each other. A deviation from these procedures, no matter how minor it seems, can be the foundation of a legitimate legal challenge.
Beyond formalities, the more emotionally difficult grounds for contesting a will involve questions of mental capacity and undue influence. Florida courts define testamentary capacity as the testator’s ability to understand the nature of the act of making a will, the nature and extent of their property, their relationship to the people who would naturally inherit, and how those elements come together in a coherent plan. A person in the early stages of dementia may still technically meet this standard on a good day, which is why medical records, witness testimony, and timing all become critical pieces of the puzzle.
Undue influence is even more nuanced. It refers to a situation where someone with a close relationship to the testator, often a caretaker, a late-in-life romantic partner, or an opportunistic family member, exerts pressure that overrides the testator’s free will. Florida courts look at factors like the beneficiary’s opportunity to influence the testator, the testator’s susceptibility due to age or illness, and whether the resulting will makes sense given the testator’s prior expressed intentions. This is rarely a straightforward analysis, and it almost always requires an experienced attorney to present the evidence in a way that persuades the court.
How Bundza & Rodriguez, P.A. Builds a Will Contest Case
Attorneys Corey Bundza and Michael Rodriguez founded this firm in 2007 with a commitment that every case would be handled by an attorney, not a paralegal or case manager. That philosophy matters enormously in will contest litigation, where the details of a case can shift dramatically as discovery unfolds and where strategic decisions made early in the process have lasting consequences. From the initial consultation forward, clients at Bundza & Rodriguez work directly with the attorneys who understand their family’s circumstances and the specific legal theories that give their challenge the strongest possible footing.
Building a will contest case typically begins with a thorough review of every document related to the estate, including prior versions of the will, trust documents, financial account records, and any correspondence that might reveal the testator’s true intentions. Medical records are often subpoenaed to establish a timeline of cognitive decline or dependency on others. Depositions of witnesses who were present during the will’s signing, or who spent significant time with the testator in the months leading up to execution, can reveal inconsistencies that are devastating to the opposing party’s position.
Expert witnesses frequently play a decisive role. A forensic document examiner may be called upon if forgery is suspected. A geriatric psychiatrist or neurologist may be retained to offer a professional retrospective assessment of the testator’s mental state at the time the will was signed. These are not cheap or simple undertakings, but they are often the difference between a case that settles favorably and one that fails entirely. The attorneys at Bundza & Rodriguez have the experience and resources to pursue these strategies when the facts demand it, and the courtroom skills to present them persuasively at trial when settlement is not the right outcome.
The Unexpected Factor: Tortious Interference with an Inheritance
Most people in Port Orange who come to an attorney with a will dispute think their only option is to challenge the will itself through a probate proceeding. What many do not realize is that Florida also recognizes a separate civil cause of action called tortious interference with an expectancy of inheritance. This claim allows an heir who was wrongfully cut out of an estate to sue the person responsible in civil court, even in circumstances where successfully invalidating the will itself would be difficult or impossible.
This avenue becomes particularly important when the wrongdoer used fraud, duress, or undue influence but was careful enough to create a will that technically satisfies Florida’s formal requirements. A bad actor who coached a vulnerable elderly person through the signing process under controlled conditions may have produced a technically valid document. But if the heir can prove that intentional interference caused the loss of an expected inheritance, damages are recoverable. This is a powerful and underutilized tool in estate litigation, and it is one that the attorneys at Bundza & Rodriguez are prepared to deploy when circumstances call for it.
Timing, Standing, and the Probate Court Process in Volusia County
Will contests in Florida are governed by strict procedural rules. Once a will is admitted to probate, interested parties typically have a limited window to file objections or initiate formal challenges. Volusia County Probate matters, including those arising from estates in Port Orange, are handled through the Volusia County Courthouse, located at 101 North Alabama Avenue in DeLand. Understanding the local court’s procedures and the specific judges who handle probate matters is a meaningful advantage that a firm rooted in this community brings to every case.
Standing is another threshold issue that must be addressed before any challenge can proceed. In Florida, you must be an interested person to contest a will. This generally means you are either named in the will, named in a prior will, or would inherit under Florida’s intestate succession laws if no valid will existed. A sibling who was excluded from a will in favor of a new caretaker, for example, would almost certainly have standing. The analysis becomes more complex in blended families, estranged relationships, or situations involving charitable beneficiaries. Getting this question answered correctly at the outset is essential to avoiding wasted time and resources.
The probate process itself moves through phases that require consistent attention and timely filings. An attorney who monitors deadlines, communicates proactively with the court, and anticipates the opposing party’s moves is not a luxury in will contest litigation. It is a necessity. The attorneys at Bundza & Rodriguez approach every probate and estate litigation matter with the same tenacity they bring to their personal injury and criminal defense work, because the stakes for families are just as real.
Port Orange Will Contest FAQs
How long do I have to contest a will in Florida?
In most situations, Florida law requires that an objection to a will be filed within three months after the date of service of the Notice of Administration. This deadline can be strict, and waiting to consult an attorney after receiving probate notices is a risk most families cannot afford to take.
Can I challenge a will even if I am not a close relative?
Yes, provided you qualify as an “interested person” under Florida law. This includes those named in prior wills, creditors in some circumstances, and anyone who would inherit under intestate succession laws if the current will were declared invalid. The specific facts of your relationship to the deceased will determine whether you have standing to file a challenge.
What evidence is most useful in proving undue influence?
Courts look at a combination of factors, including the physical and mental condition of the testator, the nature and extent of the alleged influencer’s access and control, any isolation of the testator from other family members, sudden changes in the will that diverge from long-stated wishes, and testimony from friends, neighbors, or medical professionals who observed the relationship firsthand.
Is it possible to challenge only part of a will rather than the entire document?
Florida law does allow for partial invalidity in some circumstances. If undue influence affected only a specific bequest or provision, a court may strike that portion while upholding the rest of the document. This outcome can be meaningful when a caretaker manipulated one specific provision without affecting the broader distribution of the estate.
What happens to the estate during a will contest?
Generally, the probate process may continue during a will contest, though certain distributions may be delayed pending resolution of the dispute. A court may appoint a curator or place restrictions on distributions to protect the estate’s assets while litigation is ongoing. Your attorney can seek protective measures if there is a risk that assets will be improperly transferred before the dispute is resolved.
How much does it cost to contest a will?
The cost varies significantly depending on the complexity of the case, the amount of discovery required, and whether the matter proceeds to trial. Bundza & Rodriguez offers free initial consultations, accepts several forms of payment including credit cards, and will give you an honest assessment of the likely investment and potential outcome during your first meeting.
Can the person who benefited from the will also inherit attorney’s fees if they win?
Florida probate law does allow courts to award attorney’s fees in certain circumstances, which is another reason having competent legal representation on your side from the beginning matters. A well-constructed case, even one that ultimately settles, signals seriousness to opposing counsel and can influence the terms of resolution.
Serving Throughout Port Orange and the Surrounding Area
Bundza & Rodriguez, P.A. serves families across the greater Volusia County region, including residents throughout Port Orange, from the established neighborhoods near Spruce Creek to the communities along Dunlawton Avenue and closer to the Intracoastal. The firm also regularly assists clients in South Daytona, where many long-time Volusia County families have deep roots, and in Daytona Beach Shores, where the intersection of retirement living and estate planning concerns is particularly significant. Families in Ormond Beach, the barrier island communities of Oceanwalk and Seabreeze, and the growing areas of Daytona Beach itself have all relied on this firm’s estate litigation experience. The attorneys are also accessible to clients in New Smyrna Beach and Edgewater to the south, as well as those in DeLand and the broader western Volusia County communities who need representation at the Volusia County Courthouse. Whether a client lives walking distance from the Halifax River or well inland near the I-95 corridor, Bundza & Rodriguez is positioned to provide the same high level of personal, attorney-led representation.
Contact a Port Orange Will Contest Attorney Today
When a loved one’s final wishes appear to have been overridden by manipulation, fraud, or mental incapacity, the grief of loss becomes compounded by a sense of injustice that demands action. A dedicated Port Orange will contest attorney at Bundza & Rodriguez, P.A. can help you understand what your options are, what the evidence in your situation suggests, and what a realistic path forward looks like. This firm was built on the promise of personal attention, aggressive advocacy, and honest counsel, values that matter most when families are at their most vulnerable. Corey Bundza and Michael Rodriguez have served Volusia County residents since 2007, and that community investment shows in how they approach every client relationship. The right legal partnership does not just resolve the dispute in front of you. It provides the clarity and confidence to make sound decisions for your family going forward. Reach out today to schedule your free consultation and take the first step toward securing the outcome your family deserves.
