Estate Litigation Attorney in Daytona Beach

Guiding You Through Contested Estates & Family Conflict in Volusia County Courts

When a loved one passes away, you expect the estate to be handled fairly. If questions arise about a will or a trust, or how assets are being managed, that loss can quickly turn into a dispute that affects both finances and family relationships. In these moments, you need clear guidance from a trusted estate litigation attorney in Daytona Beach.

At Buckmaster & Ellzey, we represent individuals and families in complex estate disputes connected to this part of Florida. Our attorneys draw on more than four decades of combined legal experience to help clients understand their options and protect their interests when a Florida estate heads toward conflict.

Contact us at (888) 785-6548 or through our contact form to speak with an estate litigation attorney in Daytona Beach. We provide aggressive representation and a proven track record in complex probate disputes.

Understanding Estate Litigation Laws in Florida

In Florida, estate litigation is the legal process used to resolve disputes arising during the administration of a decedent’s estate. Unlike standard probate, which is often administrative, litigation is adversarial. These cases are primarily governed by the Florida Probate Code (Chapters 731–735 of the Florida Statutes) and the Florida Probate Rules.

Estate litigation is not a single type of case but an umbrella term for several distinct legal challenges. It is vital to distinguish between these actions to determine the correct strategy:

• Will Contests: A formal challenge to the validity of a Last Will and Testament. If a will is successfully contested and thrown out, the court may revert to a prior version of the will or distribute assets according to Florida’s intestacy laws.
• Trust Litigation: Disputes involving the management or validity of a trust. While similar to a will contest, trust litigation often involves ongoing mismanagement by a trustee and is governed by the Florida Trust Code (Chapter 736).
• Breach of Fiduciary Duty: An action against a Personal Representative (executor) or Trustee who has failed to act in the best interests of the beneficiaries. This can include "self-dealing," where the person in charge uses estate funds for their own benefit.
• Elective Share and Homestead Disputes: Florida law provides specific protections for surviving spouses and minor children. Even if a will purposefully disinherits a spouse, Florida’s elective share statutes (F.S. § 732.201) generally allow the spouse to claim 30% of the elective estate.
• Removal of Personal Representative: If the person appointed to manage the estate is convicted of a felony, becomes mentally or physically incapacitated, or mismanages estate assets, we can petition the court for their immediate removal.
• Blended Family and Out-of-State Beneficiary Issues – Disputes involving second spouses, stepchildren, distant relatives, or beneficiaries who live far from the probate court overseeing the estate.

As your Daytona Beach estate litigation lawyer, our firm ensures you understand which specific statute applies to your situation, ensuring that your claim is filed in the correct venue—typically the Seventh Judicial Circuit Court.

Consequences of Estate Mismanagement and Litigation in Volusia County

The stakes in Florida estate litigation are both financial and personal. The consequences of an unfavorable ruling can be devastating for an unprepared family.

• Loss of Inheritance: If a fraudulent will is allowed to stand, the rightful heirs may be permanently deprived of their inheritance. Conversely, if a will is overturned and no prior will exists, assets are distributed via intestate succession, which follows a strict hierarchy (spouse, then children, then parents) that may not align with the decedent's actual wishes.
• Surcharge Actions: If a Personal Representative is found to have wasted estate assets (e.g., selling a Daytona Beach beachfront property for well below market value to a friend), the court can issue a surcharge. This is a personal judgment against the representative, requiring them to pay the estate back out of their own pocket.
• Removal and Disqualification: A fiduciary found guilty of misconduct is not only removed but is typically disqualified from serving in such a capacity ever again.

If you believe something is wrong with the way an estate is being handled, acting promptly is important. Florida law imposes time limits on certain challenges and objections, and waiting too long can limit your options.

If you suspect a problem with an estate, some practical steps you can take include:

• Gathering copies of any wills, trusts, or beneficiary designations you have access to
• Keeping letters or emails from the personal representative, trustee, or other beneficiaries
• Making a written list of your questions, concerns, and key dates
• Avoiding agreements or waivers until you have spoken with an attorney
• Contacting a qualified lawyer to review the situation and explain your rights

The Florida Estate Litigation Process

Estate litigation in Florida follows a specific procedural path. Because we have 40+ years of collective experience, we guide our clients through each step to avoid the "90-day trap."

1. The Notice of Administration: Once a will is admitted to probate, the Personal Representative sends a "Notice of Administration" to all interested parties. This is a ticking clock. In Florida, you generally have only 90 days from the date you receive this notice to file a formal challenge to the will.
2. Filing the Petition: We draft and file a formal petition outlining the grounds for the contest (e.g., fraud, duress, or lack of capacity).
3. Discovery: This is where the case is often won. We use our investigative skills to subpoena medical records, bank statements, and cell phone logs. We depose witnesses, including the drafting attorney and the medical professionals who treated the decedent.
4. Mediation: Florida courts almost always require the parties to attend mediation before going to trial. As a former prosecutor, our lead counsel is a veteran negotiator who knows how to leverage evidence to reach a favorable settlement without the cost of a full trial.
5. Trial: If mediation fails, the case goes before a probate judge (there are no juries in Florida probate litigation). The judge hears the evidence and makes a final ruling on the validity of the will or the conduct of the fiduciary.

Why Families Turn To Our Daytona Beach Estate Litigation Lawyers

Estate litigation often involves highly emotional situations, serious financial consequences, and complicated legal standards. Many of our clients come to us because they want a firm that can handle both the legal and human sides of a dispute. We work to provide focused, individualized representation, rather than treating estate cases as routine paperwork.

Our attorneys bring significant courtroom experience to contested estate matters. Jeremy Buckmaster served as an Assistant State Attorney in Florida’s 7th Judicial Circuit, which includes Volusia County. That background provides insight into how cases are prepared, presented, and challenged in the same courts where many estate disputes are heard.

Members of our team have also served as Assistant Public Defenders and as a Judge Advocate in the US Air Force and the Florida Air National Guard. We are also recognized by our peers. Our attorneys hold peer-reviewed Martindale-Hubbell ratings, including a 5.0 out of 5.0 rating for attorney David Ellzey, and David has a 10.0 Avvo rating. Attorney Buckmaster has been named a Top Lawyer in Criminal Defense by the Daytona Beach News-Journal.

Beyond credentials, our clients value our communication. We strive to explain Florida probate and estate litigation in plain language, return calls promptly, and keep clients informed about what is happening and why. When you work with us, our aim is that you always know the status of your case and the next step in the process.

How We Approach Estate Litigation in Daytona Beach

Talk With Our Estate Litigation Team

You do not have to navigate a contested estate alone. If you are facing a will contest, trust dispute, or concerns about how an estate is being administered, our attorneys are ready to listen and provide practical guidance tailored to your situation.

At Buckmaster & Ellzey, we bring decades of Florida litigation experience, deep familiarity with the 7th Judicial Circuit, and a commitment to personalized representation to every estate case we handle. Whether you need an estate litigation attorney in Daytona Beach to evaluate a potential claim or to represent you in an ongoing dispute, we will walk you through your options and answer your questions.

Call (888) 785-6548 or reach out online to speak with our estate litigation attorneys in Daytona Beach.

Frequently Asked Questions

Who can challenge a will in Florida?

A person generally must have a direct financial interest in the estate to challenge a will. This often includes beneficiaries named in the current or prior will and legal heirs who would inherit if no valid will existed. We can review your relationship and the documents to assess whether you have standing.

How long does an estate dispute usually take?

The length of an estate dispute depends on factors like the complexity of the assets, the number of parties involved, and how contested the issues are. Some matters resolve in a few months, while others take longer. We discuss likely timelines with you once we understand the case.

What if I live out of state but the estate is here?

You can still pursue or defend estate claims even if you live outside Florida. Much of the communication and document exchange can occur by phone, email, or mail. Our firm works with out-of-state clients to manage filings and prepare them if a personal appearance becomes necessary.

How will your attorneys keep me informed?

We focus on clear, responsive communication. Our attorneys and staff work to return calls, respond to emails, and provide updates as your case moves through the probate process. We explain what has happened, what is coming next, and what decisions you may need to make at each stage.

What should I do if I suspect undue influence?

If you suspect someone pressured your loved one into changing a will or trust, it is important to act quickly. Try to gather any documents, notes, or communications that concern you. Then speak with an attorney who can evaluate the situation under Florida law and advise you on possible next steps.

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