1. December 5, 2012
Paul Belitz
Kutack Rock, LLC
1801 California
Denver, Colorado
Dear Paul,
In the time since the sale of my home, I have had time to reflect on all of the correspondence and interactions (and/or
lack of both) between us. I am deeply hurt by all that has transpired and feel that your actions have been very hostile
toward me and certainly not geared toward my best interests.
One thing that upsets me the most is that you keep making the ridiculous statement that I “lived rent-free for many
years” at my former residence (48275 Racquet Lane). The reason why it is so ridiculous is that I legally owned (in Joint
Tenancy with you) the property. According to California law, we both had just as much right to live in the home (which I
chose to do and you clearly documented to me you had no intention to exercise your rights of tenancy), equal rights to
all benefits of the titled property (appreciation in real estate value, proceeds from sale, etc.), and equal responsibility to
pay the required costs/expenses for the upkeep and maintenance of the home (property taxes, HOA monthly and
special assessments, annual maintenance, annual insurance, repairs to unit not covered by HOA, etc.).
To put it in other terms, a home owner does not pay rent to himself for the use of his own titled property! Do you pay
rent on your home in Colorado? No, because you own it! Does Joanne pay rent for living in the home? No, because she
owns it with you. Did you think you think that Mom owed rent when the three of us were on the title? No, because she
owned it. Therefore, your repeated statements of my living rent-free are clearly ridiculous. Furthermore, under
California Real Estate law you could have at any time exercised the right to live in the property we held in Joint Tenancy,
but you chose NOT to …. your choice, whereas I CHOSE to exercise my right to live there.
You may not be up to speed on the real estate laws here in California, so below I’ve included them (which can be found
in any law books or online or you could consult a real estate lawyer here in California who can verify for you):
Joint Tenancy
This is an example of joint tenancy.
When two or more parties own real property as co-owners, with the right of survivorship, it is called joint tenancy. The right
of survivorship means that if one of the joint tenants dies, the surviving joint tenant automatically becomes sole owner of the
property.
The share of the deceased does not go to his or her estate or heirs, but becomes the property of the co-tenant without
becoming involved in probate. Also, the surviving joint tenant is not liable to creditors of the deceased who hold liens on the
joint tenancy property.
In order to have a joint tenancy, the four unities—time, title, interest, and possession—must exist. If any one of the unities is
missing, a tenancy in common is created.

2. The Four Unities of Joint Tenancy
Time-Become joint tenants at the same time.
Title-Take title on the same deed.
Interest-Have an equal undivided interest in the property.
Possession-Have equal right of possession
Consequences of Separation of Joint Tenants: Joint tenants must hold property in equal shares. If they separate
and there is no written agreement, the law presumes that each is entitled to half the property, and that all ownership
obligations were also equally shared. This means that if one owner has paid more than half of some past expense –
[i.e. carrying costs (mortgage payments, property taxes, insurance, utilities and minor repairs), and improvement costs
(major repairs and enhancements], or receive less than half of some past income or other benefit, he/she can recover
the loss from the other party’s share.
So you can see as I told you previously YOU owe ME quite a substantial amount for all the time you were on the title, yet
refused to pay your portion of the fees and expenses thereby forcing me out of my home when I could no longer
afford to pay BOTH your share and mine! Moreover, remember, YOU REAPED 100% of your share of the benefits of
being on the title of the condo that Mom deeded to us, but again, contra to the California real estate law
requirements, you did not share in 50% of the expenses! I am compiling the entire accounting of our joint tenancy
from the day we were deeded the property by Mom and will be forwarding to you the results.
I’ve included as attachments several past correspondences to remind you of what we’ve discussed over the past several
years in the hopes that you realize that it is you who have created my current painful situation. Maybe by reminding
you, you will decide to do the right thing ethically, morally, and legally. Also, one would think that as my brother you
would treat your own family better than to force me out of my home!
Just before I close this letter to you I must clarify any issues relating to your PREVIOUSLY held Power of Attorney which
was absolutely and without question (morally or legally) revoked by me dated ****** in my attorney’s letter to you
after which you placed a “communications restriction” on me. Yet you had the audacity combined with the unethical
intent to closely follow-up with another letter to me requiring me to respond to each and every line or you would not
recognize the legally binding revocation you had already received from me. Even rubbing more proverbial salt into my
already bleeding wounds, you then sent me in your continuing unethical bullying tactics, another letter with an attached
new, more scheming, calculating, and controlling power of attorney on the letterhead of your firm! How ironic was
this?! You had placed a communications restriction on me yet required me to communicate with you!
Therefore, I am clearly stating without representation of an attorney that your actions as my power of attorney
subsequent to my letter of revocation stated above, have been done without my knowledge or my approval. Since
nearly all of your correspondence to me has been on Kutak letterhead, I feel I am entitled to respond to you with your
partners in your firm as cc’d receivers of this letter to be witness to the following statement as well as to be on notice
that you have been corresponding under the guise of your entire law firm by using the company letterhead for what I
am confident has been our personal and family business.
“I hereby forbid you to make claim against my estate upon my death as my closest surviving heir. Should you or
anyone challenge my newly written last will and testament, any portion of my estate that I have specifically
provided to each individual will become null and void. In other words, I legally disown you as my brother for any
legal issues.”