Estate Planning and Probate Attorney in Lauderdale-by-the-Sea, FL

Plenty of Lauderdale-by-the-Sea owners spend the winter on El Mar Drive and the summer in another state. That split life is pleasant until someone dies or becomes ill. Then the family has to work out which state’s law applies, whether the Florida condo has to go through probate here, and whether a power of attorney signed up north will be honored by a Florida bank.

Pamela Schatten has practiced for 20 years, is AV Rated by Martindale-Hubbell, and works from our office on Cypress Creek Road in Fort Lauderdale, a short drive inland from the beach. She handles estate planning, probate, guardianship and real estate matters for year-round and seasonal residents of Lauderdale-by-the-Sea, and she handles each one herself.

Why Lauderdale-by-the-Sea Owners Choose Us

Experience with part-time residents

Seasonal owners raise the same questions again and again: domicile, homestead, and whether one plan can cover property in two states. We work through those questions regularly and can usually tell you on the first call which documents need to be redone in Florida.

The property and the plan, together

Beach property brings flood zones, older seawalls, association rules and insurance issues. Pamela is an underwriting agent with Attorneys’ Title Fund and of counsel to a Florida title company, so she reviews the deed and title history while drafting the plan.

Signing without an extra trip

Our electronic estate planning package lets documents be signed, witnessed and notarized remotely. That’s useful if you’re already back north when the drafts are ready.

One attorney, and a quick reply

Pamela answers her own messages, usually within two hours during the business day. Every matter is quoted in writing before work begins.

Florida Rules That Matter for Seasonal Owners

Lauderdale-by-the-Sea is in Broward County, the 17th Judicial Circuit. When someone dies owning Florida real estate in their own name, that property generally has to pass through a Florida court, even if the person lived in another state and has a probate case there too. A revocable trust that actually holds the Florida property avoids that second proceeding.

Homestead is the other issue. Florida’s homestead protections under Article X, Section 4 of the Florida Constitution apply to a permanent residence, and they come with restrictions on how the home can be left by will if the owner has a spouse or minor child. Whether your Lauderdale-by-the-Sea property is your homestead depends on your domicile, which is one reason seasonal residents should decide deliberately where they are domiciled rather than letting it happen by default.

Services for Lauderdale-by-the-Sea Clients

Estate Planning

• Revocable trusts: The cleanest way to keep a Florida condo or cottage out of Florida probate. We prepare and record the deed into the trust.
• Florida wills: Signed with two witnesses and a self-proving affidavit (sections 732.502 and 732.503). A will from another state is often valid here, but it may not be well suited to Florida property.
• Ladybird deeds: Pass the property at death outside probate while you keep full control during life.
• Florida powers of attorney: Banks here are more comfortable with a Florida-compliant durable power of attorney signed before two witnesses and a notary (section 709.2105).
• Health care surrogate and living will: So a Florida hospital knows who can speak for you if you’re injured or ill while you’re here.

Probate and Estate Administration

• Florida probate for a nonresident’s property: Opening a case here for property owned by someone who lived elsewhere.
• Formal and summary administration, including the creditor process under section 733.702.
• Personal representative questions: Florida only allows a nonresident to serve as personal representative if related to the person who died (section 733.304). An out-of-state friend named as executor may not qualify.
• Trust administration for a successor trustee settling a Florida property.

Guardianship

• Adult guardianship for an owner who can no longer manage their affairs because of dementia, Alzheimer’s disease or a serious medical event, with limited guardianship considered first.
• Alternatives: Often a properly drafted power of attorney and health care surrogate make a guardianship unnecessary.
• Guardian advocacy for a family member with a developmental disability, under section 393.12.

Real Estate and Title Work

• Sales and purchases of condos, villas and single-family homes near the beach, including reviewing flood zone status and insurance requirements before closing.
• Condo association review: Reserves, special assessments and any milestone inspection required under Florida’s 2022 condo safety law.
• Estate and trust sales, including confirming who has authority to sign.
• Title insurance through Attorneys’ Title Fund.

Family Law

We also handle family law matters for Lauderdale-by-the-Sea clients.

Checklist for Seasonal Residents

If you split the year between Lauderdale-by-the-Sea and another state, these are worth confirming:

1. Which state you are domiciled in, and whether your documents reflect it
2. Whether your Florida property is titled in a revocable trust
3. Whether your power of attorney and health care surrogate meet Florida’s signing requirements
4. Who your personal representative is, and whether Florida will allow that person to serve
5. Whether the beneficiary designations on your accounts match the rest of your plan

A short review can answer all five.

What Happens Without Florida Planning

Consider a couple from Pennsylvania who bought a condo near the pier twenty years ago and titled it in the husband’s name. He dies at home in Pennsylvania with a will drafted there. His estate is opened in Pennsylvania, but the condo can’t be sold until a separate Florida proceeding transfers it, with its own filings, its own publication of a notice to creditors and its own wait. If the will names his brother in Ohio as executor, the brother can serve in Florida because he is a relative. If it names a longtime friend instead, Florida won’t allow that friend to act here.

None of that would have been necessary if the condo had been deeded into a revocable trust, or covered by a ladybird deed naming his wife. Fixing this ahead of time usually takes one meeting and one recorded deed.

How We Work

01. A quick call
Tell us what you own and where. We’ll tell you what to bring or send.

02. Consultation
In person at our Fort Lauderdale office or by video, whichever fits your season. You get a written scope and fee.

03. Drafting and explanation
Pamela drafts the documents and walks through them in plain language.

04. Signing and funding
Sign in person or remotely, then we record deeds and confirm the trust is funded.

Serving Lauderdale-by-the-Sea and Neighbors

We serve owners all along this stretch of coast, from the blocks around Anglin’s Fishing Pier and Commercial Boulevard to the condos on A1A north toward Pompano. We also serve neighboring Sea Ranch Lakes, Pompano Beach, Fort Lauderdale, Lighthouse Point and Oakland Park.

Meet Pamela Schatten

Attorney · AV Rated by Martindale-Hubbell

Pamela trained under her father, A. Jeffrey Barash, a Super Lawyer who practiced estate and tax law for about forty years. She was admitted to The Florida Bar in 2006 and is a member of the Real Property, Probate and Trust Law Section. Read Pamela’s full bio.