MATTER OF THE GUARDIANSHIPS of DANTE D. R.-M. AND DYLAN A. M. R.-M., (1150/1151/09) — The guardian of the infants’ property, their father, petitions for leave to purchase, with the infants’ funds, a property located at Coral Springs, Florida with a sales price of $500,000, estimated closing costs of $4,862 and annual property taxes of $11,938.47. Letters of guardianship of the infants’ property issued by separate decrees dated June 8, 2009. The infants’ funds emanate from the settlement of wrongful death causes of action for their mother’s death and certain other death benefits arising from her employment. A decree was entered on August 9, 2012 settling the Public Administrator’s account and authorizing distribution of the net settlement proceeds totaling $6,638,499.43, with the balance of the up-front proceeds and annuity payments made during infancy to be held jointly by the guardian and the Guardian Clerk of this court in numerous designated banks, subject to further court order.
In his instant application, the guardian alleges that the purchase of the home is required to provide for the maintenance, support and education of the infants. In support, he annexes a voidable contract of sale and an appraisal showing that the fair market value of the realty is $515,000, and consists of a one-family custom home with seven bedrooms, 4.5 baths, and his and her master baths, and high-end amenities including, inter alia, Jacuzzi tubs, steam showers, and an in-ground swimming pool with a raised spa and waterfall. The guardian proposes to pay for the realty and its operating costs solely with withdrawals from each infant’s guardianship funds, although he indicates that he will contribute one-third of the annual property taxes. He also requests authorization to withdraw from each infant’s guardianship funds the sum of $3,000 monthly for each infant’s support and $1,000 for “special occasions” such as birthdays, Christmas, school vacations, school supplies, and visiting their mother’s grave on the anniversary of her death.