Kelley’s Homestead Paradigm – Asset Protection

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:

About the Author

I’m an attorney who specializes in asset protection planning. I graduated with honors from Emory University Law School and have been practicing law for almost 15 years.

I have helped thousands of clients protect their assets from creditors. Before private practice, I represented the federal government while working for the IRS Office of Chief Counsel.