Page 5 - The American Lawyer Trailblazers - South 2022

Florida/Georgia

Abbey Kaplan and Ryan Bollman

Kluger, Kaplan, Silverman, Katzen & Levine

What was the genesis of the idea/path that has made you a trailblazer?
We represented a widow in a dispute regarding whether a holographic will, allegedly signed by the testator in
Belgium, was valid under Florida law. The opposition argued that the will was valid under Belgium law and, there-
fore, the Florida court had to accept it. Alternatively, they argued that, even if the holographic will did not meet
Florida’s testamentary statutes, it was still sufficient to revoke the will proffered by the widow, which has been
executed earlier in time.
We argued that the foreign will was not executed in strict compliance with Florida’s testamentary statutes be-
cause it was signed in the presence of only one witness. While there was no case law directly addressing this
issue, we argued that because the holographic will was not a valid will under Florida law, it also did not act as a
revocation of the widow’s will.
This issue had not been addressed before, so we presented a novel, yet logical argument that finally resolved a
gray area in Florida law.
What sort of change has resulted from the concept?
This ruling set a precedent for future cases involving the impact and effect of holographic wills in Florida. Since
Florida’s Third District Court of Appeal adopted our argument, the decision has been cited by treatises both within
Florida and nationwide as well as by litigants in their briefs.
What bearing will this have on the future?
Not only does this affect future lawsuits, but people who are planning for their estate now have a better under-
standing of the validity and effect of holographic wills.

Kenneth E. Barton III

Cooper, Barton & Cooper

What was the genesis of the idea/path that has made you a trailblazer?
I do not consider myself to be a trailblazer. Instead, that honor rests with the countless individuals before me who
have stood up for civil rights, especially for groups who have historically faced discrimination such as the LGBTQ+
community. To the extent that others have bestowed such a name to me, it is only because I stand on those indi-
viduals’ shoulders.
When I entered this field, my primary goal was to work with and help people, and being that I have the privilege of
practicing at a firm that values standing up for the “little guy,” any trailblazing was likely a natural result.

What sort of change has resulted from the concept?
Our work has resulted in measurable impacts to the lives of many of our LGBTQ+ clients. We have pursued and re-
solved many cases in which our clients were discriminated against based solely on their gender identity or sexual
orientation, particularly in the area of employment. But I am most proud of what we have done to help LGBTQ+
families become legally-recognized, especially during a time when our laws sought to deny such benefits to this
community.

What bearing will this have on the future?
Looking beyond the results that our clients have achieved in litigation, the good law we have helped create, the
judiciary’s increasing familiarity with LGBTQ+ issues, and the legal recognition of many families, it is my hope that
the work that I have done will simply be a footnote in the story of progress and equality for which the next genera-
tion will carry the mantle.

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