Many Florida lawyers know about a flowchart made by attorney Rohan Kelley called Kelley’s Homestead Paradigm. The paradigm outlines what happens to a Florida homestead when the owner dies. It lists variables such as whether whether the homeowner was survived by a minor child or a spouse, whether there were heirs, and whether there was a spousal waiver.
The Kelley’s Homestead Paradigm is also an invaluable tool in determining whether or not a homeowner can transfer an interest in their home to someone else.
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’s the paradigm:
