all, and only came here under subpoena, still denying she and tom ever had affair. >> do you recall telling the investigators that tom had asked you that if you weren't married, if you two could date? >> date? i don't recall date. >> what do you recall him asking? >> just if i'd wait for him. >> kelli had agreed to wait. the insurance payout was a given, but according to prosecutors tom's plan for his post-juanita life had one problem. juanita didn't have a will. >> would you come forward. >> so six days before their vacation, tom had a meeting with an attorney. >> how would you describe his level of urgency? >> excessively adamant, sitting on the edge of the chair. "we've got to have a will. we've got to have a will. we've got to have a will." >> attorney anthony badinovac was surprised that anyone would so urgently need a will before going on a short vacation to michigan's upper peninsula.