In re the Estate of Harold W. Prewitt

CASE-FILE DOCUMENT · EXHIBIT 001 WILL 2024

Exhibit 001 — Last Will and Testament of Harold W. Prewitt (March 14, 2024)

Case-file exhibit m20.exh.001. Reproduced for the exercise; facts only.

LAST WILL AND TESTAMENT OF HAROLD W. PREWITT

I, Harold W. Prewitt, a resident of Manatee County, Florida, being of sound mind, make this my Last Will and Testament, and I revoke all wills and codicils I have made before.

ARTICLE I — Family. I am married to Vivian Prewitt-Cole. I have one child, Dale Prewitt, who is an adult. My first wife, Nadia Prewitt, is deceased.

ARTICLE II — My residence. I own the home at 41 Heron Point Lane, Manatee County, Florida, in my own name. I give this home, and all of my interest in it and the land it sits on, to my wife, Vivian Prewitt-Cole. It is my clear intention that Vivian shall have this home outright. I make this gift knowing my earlier will provided differently, and I have changed it on purpose.

ARTICLE III — Bequest to my son. I give the sum of Fifty Thousand Dollars ($50,000) to my son, Dale Prewitt. I have made this a smaller share than my wife's for reasons I have explained in a separate letter signed the same day as this will, and my reasons are my own.

ARTICLE IV — Residue. I give all the rest and residue of my estate to the Harold W. Prewitt Revocable Living Trust dated March 14, 2024, to be held and distributed under its terms for the benefit of my wife.

ARTICLE V — Personal Representative. I name my wife, Vivian Prewitt-Cole, as Personal Representative of my estate. If she is unable or unwilling to serve, I name Amara Ellingboe of Ellingboe & Ravndal LLP.

I have signed this will on March 14, 2024, at the offices of my attorneys, in the presence of the witnesses below, who signed in my presence and in the presence of each other.

_/s/ Harold W. Prewitt_ — Harold W. Prewitt

Witnesses: _/s/ Gloria Tancredi_ · _/s/ Corinne Yarbrough_

Notary: Subscribed and sworn before me this 14th day of March, 2024, with a self-proving affidavit attached and executed by the testator and both witnesses.

CASE-FILE DOCUMENT · EXHIBIT 002 EXPLANATORY LETTER

Exhibit 002 — Explanatory Letter of Harold W. Prewitt (March 14, 2024)

Case-file exhibit m20.exh.002. A letter written in the testator's voice and signed the same day as the will. Facts only.

March 14, 2024

To my family, and to anyone who wonders why I set things up the way I did —

I am writing this in my own words, with my lawyer's help, on the same day I am signing my new will. I want the reasons in one place so nobody has to guess.

I am leaving the house on Heron Point to my wife, Vivian. I know my old will only let her live there and then passed the house to my son. I have thought hard about it, and I have changed my mind on purpose. Vivian gave up her own place and her own work to take care of me. She has been at my side every single day through the tremor, the heart scares, all of it. The house is the thing I have to give her, and I want her to have it, free and clear, without having to worry that it gets taken out from under her someday.

Dale, this is not me being angry at you. Years ago I paid off a great deal of your debt — around eighty thousand dollars — when you needed it, and I was glad to do it. That was real help at a hard time, and I count it as part of what I've given you. We have not been close these last years, and I wish that were different. I am leaving you fifty thousand dollars. It is less than I am leaving Vivian, and that is my decision, made with a clear head.

Nobody talked me into this. Vivian was not in the room when I met with the lawyer, and she is not in the room as I sign. These are my wishes.

_/s/ Harold W. Prewitt_ Harold W. Prewitt

CASE-FILE DOCUMENT · EXHIBIT 003 PRIOR WILL 2019

Exhibit 003 — Prior Last Will and Testament of Harold W. Prewitt (2019)

Case-file exhibit m20.exh.003. The superseded will, offered as background to show the change in Harold's plan. Facts only.

LAST WILL AND TESTAMENT OF HAROLD W. PREWITT (executed 2019)

I, Harold W. Prewitt, a resident of Manatee County, Florida, being of sound mind, make this my Last Will and Testament, and I revoke all prior wills.

ARTICLE I — Family. I am married to Vivian Prewitt-Cole. I have one child, Dale Prewitt. My first wife, Nadia Prewitt, is deceased.

ARTICLE II — My residence. I own the home at 41 Heron Point Lane. I give my wife, Vivian Prewitt-Cole, the right to live in this home for the rest of her life. Upon her death, or if she chooses to stop living there, the home shall pass to my son, Dale Prewitt. It is my intention that Vivian be able to remain in our home, and that the home ultimately go to my son.

ARTICLE III — Residue. I give the rest and residue of my estate one-half to my wife, Vivian Prewitt-Cole, and one-half to my son, Dale Prewitt.

ARTICLE IV — Personal Representative. I name my wife, Vivian Prewitt-Cole, as Personal Representative. If she cannot serve, I name my son, Dale Prewitt.

Executed in 2019 in Manatee County, Florida, before two witnesses and a notary, with a self-proving affidavit attached.

_/s/ Harold W. Prewitt_ — Harold W. Prewitt

Editor's note (case file): This 2019 will was revoked by the March 14, 2024 will (Exhibit 001). It is included because the contestant relies on it to show what he says was his father's true and long-standing intention regarding the home.

CASE-FILE DOCUMENT · EXHIBIT 004 PRENUP 2018

Exhibit 004 — Prenuptial Agreement of Harold W. Prewitt and Vivian Prewitt-Cole (2018)

Case-file exhibit m20.exh.004. Excerpts from the agreement signed before the 2018 marriage, offered because both sides rely on it. Facts only; no legal commentary.

PRENUPTIAL AGREEMENT (executed 2018)

This Agreement is made between Harold W. Prewitt ("Harold") and Vivian Cole ("Vivian"), who intend to marry.

Recitals. Each party has been married before. Harold has an adult son, Dale. Each party has disclosed to the other a schedule of assets and debts. Each has had the opportunity to consult independent counsel. They wish to settle their property rights in the event of death or divorce.

Section 3 — Separate Property. The home at 41 Heron Point Lane, titled in Harold's name, is and shall remain Harold's separate property. Vivian makes no claim to it by reason of the marriage.

Section 5 — Waiver of Spousal Rights at Death. Except as either party may later provide voluntarily by will, trust, beneficiary designation, or other writing, each party waives any elective share, family allowance, and any right to take against the other's estate under the law. Vivian additionally waives any rights she would otherwise have, as a surviving spouse, in Harold's homestead property.

Section 6 — Voluntary Gifts Preserved. Nothing in this Agreement prevents either party from voluntarily leaving property to the other by will, trust, or beneficiary designation. Any such voluntary gift is permitted and is not a waiver.

Section 9 — Disclosure and Voluntariness. Each party affirms that this Agreement is entered into freely, with full disclosure and after opportunity for independent advice.

Signed by both parties in 2018 before a notary.

_/s/ Harold W. Prewitt_ · _/s/ Vivian Cole_

Editor's note (case file): The contestant reads Section 5 to mean Vivian gave up any interest in the Heron Point home, so the will's gift of the home to her cannot stand. The estate reads Sections 5 and 6 together to mean Vivian waived only rights she would take automatically as a spouse, while Harold remained free to leave her the home voluntarily, as he did in Exhibit 001. The competing readings are for the student to research and analyze.

CASE-FILE DOCUMENT · EXHIBIT 005 DRAFTING MEMO

Exhibit 005 — Drafting Attorney's File Memorandum

Case-file exhibit m20.exh.005. A contemporaneous memorandum placed in the firm's file by the drafting attorney at the time of the 2024 signing. Facts only.

MEMORANDUM TO FILE Re: Harold W. Prewitt — execution of will, trust, and explanatory letter By: Amara Ellingboe Date: March 14, 2024

I prepared this memorandum on the day of execution while the meeting was fresh, per our office practice for estate plans that change a prior disposition and involve a beneficiary who is also a caregiver.

Referral and setup. Mr. Prewitt's wife, Vivian Prewitt-Cole, contacted the office in January 2024 and said her husband wanted to update his will. Because Ms. Prewitt-Cole is both his caregiver and a principal beneficiary of the change, I scheduled the substantive meeting to be conducted with Mr. Prewitt alone.

Meeting alone. Ms. Prewitt-Cole drove Mr. Prewitt to the office for the drafting conference and again for the signing. On both occasions she waited in reception and was not present for the discussion of his wishes. I met with Mr. Prewitt privately.

Wishes, in his own words. Mr. Prewitt told me he wanted his wife to have the Heron Point home outright, not merely a life estate as under his 2019 will. He gave two reasons, unprompted: first, that Vivian had given up her own home and work to care for him and had "earned" the house; second, that he had already helped his son Dale substantially — he referenced paying off roughly $80,000 of Dale's debt years earlier — and that he and Dale had grown distant. He asked that a plain-language letter be prepared in his voice explaining his reasons, which he later signed.

Capacity observations. Mr. Prewitt has a diagnosed tremor and moved slowly. I arranged, at the family's cooperation, for his physician to see him near the signing. In my own observation across two meetings, he was oriented, tracked the conversation, understood he was changing his prior will and how, described his assets in general terms, and identified his wife and son as the natural objects of his bounty. He was tired on the afternoon of signing but consistent in his wishes.

Execution. The will and self-proving affidavit were signed on March 14, 2024, witnessed by Gloria Tancredi (a disinterested longtime friend) and by our paralegal, Corinne Yarbrough, before a notary. The companion revocable trust and the explanatory letter were signed the same day.

Note for the file. Because the plan changes a long-standing disposition in favor of a caregiver-beneficiary, and because the home is homestead property, I flagged that if the will is later contested the firm's role as drafter may make me a witness, and that any homestead-devise question should be analyzed at that time.

_/s/ Amara Ellingboe_

CASE-FILE DOCUMENT · EXHIBIT 006 CAPACITY ASSESSMENT

Exhibit 006 — Physician's Capacity Assessment of Dr. Elias Vandermolen

Case-file exhibit m20.exh.006. The physician's clinic note and short assessment letter from the visit two weeks before the signing. Facts only.

HERON POINT FAMILY MEDICINE Manatee County, Florida

Patient: Harold W. Prewitt Date of visit: February 28, 2024 Provider: Elias Vandermolen, M.D.

Reason for visit: Follow-up; family requests assessment of orientation and understanding in advance of updating legal documents.

Clinical note. Patient is a 75-year-old man followed for early-stage Parkinson's disease and coronary artery disease. Resting and action tremor of the right hand, worse with fatigue. Gait slowed. No acute distress today.

Cognitive / orientation assessment.

• Oriented to person, place, and approximate date.
• Able to describe his property in general terms (residence on the water, bank and brokerage accounts, personal belongings).
• Identifies his immediate family: names his wife, Vivian, and his son, Dale.
• Understands the nature of a will as a document directing who receives his property at death; states he intends to sign an updated will shortly.
• Short-term recall for recent day-to-day events is impaired (could not reliably recall the week's meals or visitors); long-term and relational memory intact.
• No evidence of delusional thinking. No acute confusion at this visit.

Assessment letter (excerpt). "Based on my examination of Mr. Prewitt on February 28, 2024, in my medical opinion he understands the general nature and extent of his property, knows the natural objects of his bounty, and understands the nature and effect of making a will. His diagnosed conditions include a movement disorder with a prominent tremor and some day-to-day memory impairment; these did not, on the day of my examination, deprive him of the understanding described above. I offer this as his treating physician and take no position among his family members."

_/s/ Elias Vandermolen, M.D._

CASE-FILE DOCUMENT · EXHIBIT 007 PETITION TO REVOKE

Exhibit 007 — Petition to Revoke Probate and Objection to Will

Case-file exhibit m20.exh.007. The contestant's initiating filing. Reproduced facts-only, stating the contentions and posture without legal citations.

IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR MANATEE COUNTY, FLORIDA — PROBATE DIVISION

In re: Estate of Harold W. Prewitt, Deceased.

PETITION TO REVOKE PROBATE AND OBJECTION TO WILL

Petitioner, Dale Prewitt, the adult son and sole child of the decedent, petitions the Court to revoke the probate of the will dated March 14, 2024, and states:

1. Harold W. Prewitt died on February 20, 2025, a resident of Manatee County. He was survived by his spouse, Vivian Prewitt-Cole, and by Petitioner, his only child.

1. On the estate's petition, the Court admitted to probate a will dated March 14, 2024, and appointed Vivian Prewitt-Cole as personal representative.

1. Lack of testamentary capacity. At the time of the March 14, 2024 will, the decedent suffered from a diagnosed neurological condition and related decline and did not have the capacity to make a will. The 2024 will departed sharply from the decedent's long-standing intentions as reflected in his 2019 will.

1. Undue influence. The 2024 will was procured by the undue influence of Vivian Prewitt-Cole. She was the decedent's caregiver, lived with him, held his power of attorney, was a joint signer on his account, isolated him from Petitioner, initiated and arranged the meeting at which the will was changed, and is the principal beneficiary of the change.

1. Improper devise of homestead. The residence at 41 Heron Point Lane is the decedent's protected homestead. Petitioner contends the homestead could not be devised as the 2024 will directs and must instead pass to the decedent's descendant. Petitioner further contends that Vivian Prewitt-Cole waived any interest in the homestead in the parties' 2018 prenuptial agreement, so the purported devise of the home to her cannot stand.

WHEREFORE, Petitioner asks the Court to revoke probate of the 2024 will, to determine that the homestead passes to Petitioner, and to grant such further relief as is just.

Respectfully submitted, Renfield Ostrowski, Esq., counsel for Petitioner Dale Prewitt. (Filed June 2025.)

CASE-FILE DOCUMENT · EXHIBIT 008 ASSET HOMESTEAD SUMMARY

Exhibit 008 — Estate Asset and Homestead Summary

Case-file exhibit m20.exh.008. A working summary prepared for the file from account statements and the property record. Facts and figures only; no legal conclusions.

ESTATE OF HAROLD W. PREWITT — ASSET AND PROPERTY SUMMARY Prepared as of the opening of the estate, 2025.

Real property

• 41 Heron Point Lane, Manatee County, Florida — waterfront single-family residence.
• Title: Harold W. Prewitt, individually. Deed recorded 2002 (purchased during the first marriage).
• Occupancy: the decedent's permanent residence and homestead from 2002 until his death; occupied with his spouse, Vivian Prewitt-Cole, from the 2018 marriage onward.
• Estimated value: approximately $720,000. No mortgage of record.

Financial accounts

• Community National checking account — joint signer added 2023 (Vivian Prewitt-Cole). Approx. balance $34,000.
• Brokerage account (individual) — approx. $228,000.
• Retirement account with named beneficiary — approx. $61,000 (passes by beneficiary designation, outside the will).
• Vehicle and personal property — approx. $18,000.

Approximate gross estate: ~$1,050,000, of which the residence (~$720,000) is by far the largest asset.

Dispositive documents on file

• Will dated March 14, 2024 (Exhibit 001): residence to Vivian Prewitt-Cole; $50,000 to Dale Prewitt; residue to the 2024 revocable trust for Vivian.
• Prior will, 2019 (Exhibit 003): life estate in residence to Vivian, remainder to Dale; residue split equally.
• Prenuptial agreement, 2018 (Exhibit 004).

Account-activity note. Between 2023 and 2024, withdrawals totaling approximately $12,000 were made from the checking account by the joint signer for stated care expenses and reimbursements. Supporting receipts are complete for some withdrawals and incomplete or missing for others. This item is flagged for the file because the personal representative is also the joint signer who made the withdrawals.

WITNESS STATEMENT · WITNESS VANDERMOLEN

Witness Statement — Dr. Elias Vandermolen

Witness: Elias Vandermolen, M.D. Role: Harold Prewitt's treating physician (family medicine) Date of statement: July 8, 2025 Taken at: Heron Point Family Medicine, Manatee County, Florida

I am Dr. Elias Vandermolen. I have practiced family medicine in Manatee County for twenty-two years. Harold Prewitt was my patient for more than a decade, until his death in February of this year.

Beginning in 2023, I followed Harold for two things running together: a movement disorder and heart trouble. I diagnosed him with early-stage Parkinson's disease. What most people notice with that is the tremor — his right hand shook, and it got worse when he was tired or stressed. I want to be careful about what the diagnosis means. Parkinson's is a movement disorder first. It can come with some slowing of thinking over time, and Harold did have days where he was foggy and slow to find a word. But a tremor and a slow day are not the same thing as being unable to understand your own affairs.

On February 28, 2024, Harold came in for an appointment. His wife had told me the family wanted him seen around that time because he was going to update some legal papers, and I made a point of assessing his orientation and understanding at that visit. My notes from that day, which I have reviewed, record the following. Harold knew who he was, where he was, and roughly the date. He could describe his property in general terms — the house on the water, his accounts, his belongings. He knew he had a wife, Vivian, and a son, Dale, and he named them both. He understood that a will is the document that says who gets your things after you die, and he told me he intended to sign a new one soon.

What Harold did not have was a reliable memory for recent, day-to-day details — what he had eaten, who had called that week, small things. That is consistent with his condition and his age. But his memory for long-standing matters — his family, his house, the arc of his life — was intact at that visit.

I have been asked whether, in my medical opinion, Harold understood what he was doing when he made a will around that time. Based on my examination of him on February 28, he understood the general nature and extent of his property, he knew who his wife and son were, and he understood what a will does. His hand shook when he wrote, but his mind was his own that day. I did not observe him to be confused about those matters, and I saw no sign that anyone was pressuring him, though I would not necessarily have seen that in an office visit.

I offer this as his physician, from my own records and recollection. I am not taking a side between Mr. Prewitt's wife and his son.

/s/ Elias Vandermolen, M.D.

WITNESS STATEMENT · WITNESS TANCREDI

Witness Statement — Gloria Tancredi

Witness: Gloria Tancredi Role: Longtime friend of Harold Prewitt; attesting witness to the March 14, 2024 will Date of statement: July 15, 2025 Taken at: Office of Ellingboe & Ravndal LLP

My name is Gloria Tancredi. I knew Harold Prewitt for close to thirty years. My late husband and Harold were in the same boating club, and the four of us — before Nadia passed, and later Harold and Vivian — used to have dinner every few weeks. So I knew Harold well, and I knew both his families.

In March of last year, Harold's lawyer's office called and asked if I would come in to witness Harold signing his will. I was glad to. I am not in the will, I do not get anything from it, and I have no stake in any of this. I came because Harold asked for me.

I remember the day. It was the fourteenth. I got there in the early afternoon. Harold was already in the conference room with the lawyer, Ms. Ellingboe, and a young woman from the office who also signed as a witness. Vivian was not in the room. I remember that clearly, because I said hello to her in the waiting area on my way in, and she stayed out there.

Harold looked tired that afternoon. His hand had that shake he'd had for a while, and he moved slowly. But he was Harold. He knew me, he asked about my grandkids by name, and he made a dry little joke about needing three people to watch him sign his own name. When Ms. Ellingboe went through the papers, she asked him plainly whether this was his will and whether he understood what it did. He said yes. And he said — I remember this because it struck me — "I want Vivian to have the house. She's earned it, and she's my wife." Nobody put those words in his mouth. There was no one in there pushing him. It was his own statement, in his own voice.

I signed as a witness, and so did the young woman from the office, and there was a notary. I do not know the legal ins and outs of any of it. I know that Harold seemed to understand what he was doing, that he said what he wanted, and that his wife was not in the room when he said it.

I am fond of Vivian, and I feel for Dale too. I am only telling you what I saw and heard that afternoon.

/s/ Gloria Tancredi

WITNESS STATEMENT · WITNESS BASTIEN

Witness Statement — Marisol Bastien

Witness: Marisol Bastien Role: Home health aide who worked at the Prewitt home, 2023–2025 Date of statement: July 22, 2025 Taken at: Manatee County, Florida (aide's residence)

My name is Marisol Bastien. I am a certified home health aide. From sometime in 2023 until Mr. Prewitt passed away in February of this year, I worked afternoons at the house on Heron Point Lane, usually Monday through Friday. My job was to help Mr. Prewitt — help him get around, fix his lunch, keep him company, and give Mrs. Prewitt-Cole a break in the day. The agency sends me, but Mrs. Prewitt-Cole was the one who arranged and paid for my hours.

I want to be fair to everyone, so I will just say what I saw. Mr. Prewitt had good days and bad days. On a good day he was sharp — he'd tease me, ask about my classes, tell me stories about building bridges. On a bad day he was tired and turned around. He might not know what day it was, or he'd ask me the same question twice. It went back and forth like that the whole time I was there.

Mrs. Prewitt-Cole worked very hard for him. I want to be clear about that. She did his medicines, kept track of every appointment, sat up with him when his heart was acting up. I never saw her be unkind to him. She was exhausted, honestly.

There was one afternoon — and I do not like repeating this, because I do not think she meant anything by it — when the two of them were going back and forth and I heard Mrs. Prewitt-Cole say something like, "Dale only calls when he needs money." She sounded worn out, not vicious. People say things when they are tired. That is the only thing like that I ever heard.

I was not there in the mornings, as a rule, so I cannot tell you anything about the day he signed his papers, or about any lawyer. I only know the afternoons.

I will be honest that I am nervous about all of this. Mrs. Prewitt-Cole is the one who pays for my hours, and I am worried that no matter what I say, somebody is going to say I am biased or that I am lying. I am not. I am just telling you what I saw in that house.

/s/ Marisol Bastien

BUSINESS EXHIBIT · ENGAGEMENT LETTER

Engagement Letter — Estate-Planning (Flat Fee)

Ellingboe & Ravndal LLP 310 Riverwalk Plaza, Suite 400 Norsholm, Meridian 55901

January 15, 2024

Harold W. Prewitt 41 Heron Point Lane Manatee County, Florida 34205

Re: Preparation of your will, revocable trust, and explanatory letter

Dear Mr. Prewitt:

Thank you for asking our firm to update your estate plan. This letter sets out the terms of our work so we both understand the scope and the fee.

Scope of work. We will prepare a new last will and testament for you, a revocable living trust to hold and distribute your accounts, and a companion letter, in your voice, explaining the reasons for your choices. Our work includes meeting with you to confirm your wishes, drafting the documents, arranging for your physician to assess you near the time of signing, arranging disinterested witnesses, and supervising the signing with a self-proving affidavit before a notary. This engagement does not include probate administration or the defense of any later contest unless we agree separately; if a contest arises, we will discuss the terms with your personal representative.

Flat fee. Our fee for this work is a flat fee of $2,400, due on completion of the signing. This is a fixed price for the scope above; it does not change with the hours we spend. We track our time for our own management, but you are billed the flat fee, not by the hour. Any out-of-pocket costs (such as a notary fee) would be billed separately, and we do not expect any of significance here.

Meeting with you alone. Because your wife is helping with your care and is one of the people who may benefit under your will, we will meet with you privately, without her in the room, to confirm that the decisions are yours. This is our normal practice and protects you and your will.

Your prenuptial agreement. You have told us about your 2018 prenuptial agreement, and we have reviewed it. We will draft your documents with that agreement in mind so your wishes are carried out as clearly as possible.

If your will is later questioned. You should know that because we are drafting and supervising your will, our attorney could later be a witness if anyone ever challenges it. If that happened, we would discuss with your family how best to handle it, which might include another lawyer.

Client decisions. The terms of your will are entirely your decision. We advise; you decide.

If these terms are agreeable, please sign below. We are glad to help.

Sincerely,

Amara Ellingboe Ellingboe & Ravndal LLP

Agreed and accepted:

_/s/ Harold W. Prewitt_ — Harold W. Prewitt — Date: January 15, 2024

BUSINESS EXHIBIT · INTAKE & CONFLICTS

Intake (2024-01-15). Flat-fee estate planning for Harold W. Prewitt — a new will, a revocable living trust, and an explanatory letter (2024) — and defense of the resulting will against a petition to revoke probate brought by the decedent's son alleging lack of capacity, undue influence, and an improper devise of homestead.

Conflicts check (2024-01-15) — CLEAR. No adverse-client conflict identified at intake. Flagged for the file: because the firm drafted and supervised execution of the will, the drafting attorney is a potential witness if the will is later contested; the advocate-witness question is to be revisited at that time.

BUSINESS EXHIBIT · BILLING STATEMENT (11 TIME ENTRIES)

BUSINESS EXHIBIT · INVOICES