Both my Mom/step-father suffer from Alzheimer's. In AZ, community property State, co-mingled income is 50-50 and the spouse receiving more $ must give to spouse who gets less $ so it is 50-50. I am trying to force my step-sister to pay the income to follow State guidelines. My attorney says that if I ask for this, since their income is retirement it is "protected". I disagree as it is only "protected" if BK is filed. Attorney says that step-sister can get a legal separation or divorce for her father to protect his income. She does not want to pay the 50-50 income because daddy is not on the deed to the house. Their income has been co-mingled for 24 yrs which means ALL OF THE BILLS have been paid from a single account. Utilities, lawn, pool. Since daddy will not receive any monetary gain should Mom die 1st, step-sister feels that daddy doesn't have to keep paying 50% of these bills. How can she force a legal separation or divorce so she protects his income? This same step-sister stole 75% of the $$ from the account and her attorney has FINALLY admitted step-sister should not have done what she did and how she did it. Since AZ is Community property State, I expect the 50-50 income division whether her father is or is not on the deed. Mom got the house when my dad divorced her so it is sole/separate from the marriage. Step-father had a roof over his head etc for 25 yrs, so why or how can a divorce be forced on 2 people who can't understand what is happening. Step-sister is not Guardian, I am for Mom which in AZ makes me Guardian for step-father because they live in AZ and married.
Does this make sense?