Volusia County Probate Litigation Lawyer
When a loved one passes away and questions arise about the validity of a will, the conduct of a personal representative, or whether assets were transferred under suspicious circumstances, the legal process that follows is rarely simple. Volusia County probate litigation lawyers at Bundza & Rodriguez, P.A. are experienced in handling the most contentious estate disputes, from will contests to claims of undue influence to personal representative misconduct. Founded in 2007 by attorneys Corey Bundza and Michael Rodriguez, our firm has deep roots in Volusia County and a reputation for aggressive, attorney-driven representation. We do not hand your case off to a legal assistant. Every aspect of your matter is handled by an attorney who understands what is at stake for you and your family.
What Probate Litigation Actually Looks Like in Florida Courts
Most people assume that once a will is filed with the court, the estate administration process moves forward without interruption. In reality, Florida’s probate courts regularly see disputes that drag on for months or even years. The Volusia County Courthouse, located in DeLand, is where many of these contested matters are heard. Judges there apply strict procedural rules and statutory requirements under Florida’s Probate Code, and the outcomes can permanently alter how an estate is distributed.
Probate litigation can arise in several distinct ways. Sometimes a family member believes the decedent lacked the mental capacity to sign a will. Other times, a concerned heir suspects that someone, whether a caregiver, a new romantic partner, or even a trusted friend, manipulated the decedent into changing their estate plan at the last moment. These allegations require more than suspicion. They require evidence, witnesses, medical records, financial documents, and a litigation strategy tailored to the specific facts at hand.
One angle that surprises many clients is just how often probate litigation intersects with elder abuse statutes in Florida. When someone takes advantage of a vulnerable adult to gain control of their assets, the conduct can trigger civil remedies under Chapter 415 of the Florida Statutes, as well as probate court challenges. Understanding how these two legal frameworks interact can be the difference between a successful recovery and a dismissed claim.
Common Mistakes People Make in Estate Disputes and How to Avoid Them
The single most costly mistake in probate litigation is waiting too long to act. Florida imposes strict deadlines on contesting a will. Under Florida Statute Section 733.212, an interested person generally has only 90 days after the date of service of a notice of administration to file an objection. Missing that window can permanently bar your claims, regardless of how strong the underlying facts may be. Many families lose valid challenges simply because they assumed there was more time.
A second serious mistake is attempting to resolve contested estate matters through informal family negotiations without legal involvement. Heirs sometimes believe that sitting down together will lead to a fair resolution. In practice, these conversations often result in one party making verbal concessions that are later disputed, or one party gaining a strategic advantage by collecting documents and information while the other remains in the dark. Probate litigation requires formal discovery, depositions, and court oversight for a reason. The process exists to protect all parties equally.
A third mistake, and one that is particularly common, is hiring an attorney who primarily handles transactional estate work rather than contested litigation. Drafting wills and creating trusts requires a different skill set than standing before a probate judge and cross-examining a witness. At Bundza & Rodriguez, P.A., our attorneys are trial lawyers first. We have the courtroom experience to aggressively advocate your position when negotiation is not enough and litigation becomes necessary.
Undue Influence and Will Contests: What the Evidence Must Show
Florida courts have developed a detailed legal standard for proving undue influence in the probate context. A landmark case, In re Estate of Carpenter, established a framework that Florida courts still rely on today. To prevail, a challenger must typically show that the alleged influencer had a substantial beneficiary interest in the will, occupied a confidential or fiduciary relationship with the decedent, and was active in procuring the will. When these factors are present, the burden can shift to the proponent of the will to disprove undue influence.
Medical records often become central evidence in these cases. A diagnosis of dementia, Alzheimer’s disease, or other cognitive decline does not automatically invalidate a will, but it can support an argument that the decedent lacked testamentary capacity at the time of signing. The timing of a will’s execution relative to medical events is frequently scrutinized. An estate plan signed days after a major health crisis, or prepared by an attorney who was introduced by the very person accused of exerting influence, raises significant questions that a skilled litigator knows how to develop.
Financial records matter just as much. Sudden changes in account beneficiaries, transfers of real property shortly before death, or the removal of longtime heirs from an estate plan are all patterns that can support litigation. Our attorneys at Bundza & Rodriguez, P.A. know how to trace these financial threads and present them in a way that is compelling and legally precise.
The Personal Representative’s Role and When It Becomes a Legal Problem
A personal representative, sometimes called an executor in other states, has a fiduciary duty to the estate and all its beneficiaries. That duty requires impartiality, transparency, and sound management of estate assets. When a personal representative fails to fulfill those obligations, the beneficiaries have legal remedies available to them. Common forms of misconduct include failing to account for estate assets, distributing property prematurely to favored heirs, mismanaging or depleting investments, and refusing to communicate with interested parties.
Florida law allows beneficiaries to petition the probate court for a surcharge against a personal representative who has caused harm to the estate through negligence or bad faith. In serious cases, the court may remove the personal representative entirely and appoint a successor. These proceedings require careful attention to Florida’s probate procedural rules, and having an attorney who regularly appears in Volusia County’s probate division provides a meaningful advantage.
It is also worth understanding that a personal representative who is also a beneficiary faces heightened scrutiny. Self-dealing transactions, where the personal representative benefits personally at the estate’s expense, are among the most frequently litigated issues in Florida probate courts. Our firm represents both beneficiaries seeking accountability and personal representatives defending against unfounded claims.
Protecting Your Inheritance After Fraud or Asset Diversion
Unfortunately, some of the most damaging conduct against estates happens before death. Family members, caregivers, or opportunistic acquaintances sometimes persuade an elderly or vulnerable person to add their name to bank accounts, deed over real property, or make large cash gifts in the months or years leading up to death. By the time the estate is opened, significant assets may already be gone, and the heirs are left with a fraction of what the decedent intended for them.
Florida law provides mechanisms to address pre-death asset diversion. Constructive trust claims, conversion actions, and challenges under the Adult Protective Services Act can be pursued alongside or separately from probate proceedings. These claims are factually intensive and require prompt action to preserve evidence and identify assets before they are further dissipated. Bundza & Rodriguez, P.A. has the experience and resources to pursue these claims on your behalf, and our personal injury and probate litigation work gives us a broad understanding of how financial harm and legal accountability intersect.
Volusia County Probate Litigation FAQs
How long does probate litigation typically take in Volusia County?
Contested probate matters vary significantly in duration depending on the complexity of the dispute and the court’s docket. A contested will proceeding may resolve in six months if the parties reach a settlement, but cases that proceed to trial can take a year or longer. The Volusia County probate division handles a substantial caseload, and scheduling hearings often adds to timelines. Acting promptly and having an attorney who is prepared to move efficiently can reduce unnecessary delays.
Can I contest a will even if I was not named in it?
Yes, under certain circumstances. Florida law allows any “interested person,” including someone who would have inherited under a prior will or under Florida’s intestacy laws if no will existed, to contest the validity of a will. The key is establishing standing and meeting Florida’s strict deadlines for filing an objection after receiving notice of administration.
What happens if a personal representative is found to have mismanaged estate assets?
A personal representative who breaches their fiduciary duty may be ordered by the probate court to reimburse the estate for losses through a process called surcharge. In more serious cases involving intentional misconduct, the court can remove the personal representative, and the affected parties may pursue separate civil claims. The court may also award attorney’s fees against a personal representative who acted in bad faith.
Is it possible to challenge a trust as well as a will?
Absolutely. Trusts are subject to challenges on many of the same grounds as wills, including lack of capacity, undue influence, and fraud. Florida’s Trust Code provides specific procedures for trust disputes, and in many estate plans both documents exist simultaneously. Challenging one without addressing the other can leave significant issues unresolved, which is why a comprehensive litigation strategy is important from the start.
Do I need to go to court for probate litigation, or can it be settled?
Many probate disputes are resolved through mediation or negotiated settlement agreements, which can save time and reduce costs for all parties. However, not every dispute can be resolved outside of court, particularly when one side refuses to negotiate in good faith or when the evidence strongly supports litigation. At Bundza & Rodriguez, P.A., we always attempt to resolve matters efficiently, but we will not hesitate to take a case to trial when that is what achieving justice requires.
What does it cost to hire a probate litigation attorney?
Probate litigation matters are typically handled on an hourly fee basis, though the structure can vary depending on the nature of the claim. Our firm accepts several forms of payment, including credit cards, and we offer free initial consultations so that potential clients can understand their options before committing to legal representation. There are no surprises when you work with our team.
Can Bundza & Rodriguez, P.A. represent me if the estate involves property in multiple Florida counties?
Yes. While our firm is based in Daytona Beach and focuses heavily on Volusia County matters, our attorneys are licensed throughout Florida and can assist clients with estates that involve assets or proceedings in other counties. We have the experience and resources to handle multi-jurisdictional estate disputes effectively.
Serving Throughout Daytona Beach and Volusia County
Bundza & Rodriguez, P.A. serves clients across the full breadth of Volusia County, from the coastal communities of Daytona Beach Shores and Ormond Beach to the inland areas of DeLand, where the county courthouse sits at the center of probate proceedings. Our clients come to us from South Daytona, Port Orange, New Smyrna Beach, and Edgewater, as well as the neighborhoods of Seabreeze, Oceanwalk, and East Daytona. Whether you are located near the busy commercial corridors of International Speedway Boulevard, the quieter residential streets of Tomoka Village, or the beachside communities of Daytona Beach North and Hidden Harbor, our attorneys are accessible and ready to meet with you. We offer evening and weekend consultations, and we can come to your home or another convenient location when needed.
Contact a Volusia County Probate Litigation Attorney Today
Estate disputes are deeply personal, and the decisions made during litigation can shape your family’s financial future for generations. Whether you believe a will was procured through manipulation, that a personal representative has mishandled estate assets, or that assets were diverted before death, having the right legal team at your side changes everything. The experienced Volusia County probate litigation attorneys at Bundza & Rodriguez, P.A. are ready to evaluate your case, explain your options clearly, and fight relentlessly for the outcome your family deserves. Contact us today to schedule your free initial consultation.
