Kelley’s Homestead Paradigm

The Kelley’s Homestead Paradigm is a flowchart created by attorney Rohan Kelley. It shows what happens to a Florida homestead property once the owner dies. The paradigm includes six primary questions and then outlines what happens to homestead property based on the answers to those questions. The paradigm also includes the legal citation for each answer.

These are six main questions outlined by Kelley’s Homestead Paradigm:

1. Was the property decedent’s homestead?
2. Was the decedent survived by a minor child?
3. Was the decedent survived by a spouse?
4. Was the decedent survived by heirs?
5. Was the decedent’s homestead devised by will or trust?
6. Was the homestead devised to heirs listed in statute 732.103?

Lifetime Transfers

The homestead paradigm is also a useful way to see whether a Florida homeowner can transfer their homestead during their lifetime. For example, if the homeowner has minor children, the homeowner can’t devise their homestead by will or trust. Instead, the home automatically passes to the children. If the homeowner was married, the spouse gets a life estate.

I often refer to Kelley’s Homestead Paradigm when a question comes up in my practice about whether a homestead transfer can be legally made.

Here is a picture of the paradigm.