Surrogate Nelida Malave-Gonzalez
Father, infants' property guardian, sought leave to purchase a Florida property for over $500,000 with the infants' funds. The funds stemmed from a settlement for their mother's wrongful death causes of action, among other things, totaling over $6.6 million. Father argued the home purchase was required to provide for the infants' maintenance, support and education, proposing to pay for the realty and operating costs solely with withdrawals from each infant's guardianship funds. Father also acknowledged he was receiving $1,500 monthly annuity payments for each infant without court authorization, claiming trial counsel advised these proceeds could be used for the infants' support. The court found while father contended the purchase of the subject home was solely in the infants' best interests, it was evident he sought a home for multiple other persons. It stated, however, a parent was responsible for an infant's support, noting the infants' funds were not community property for the use of the entire family. The court found father failed to show he had adequate financial means of his own to contribute towards the purchase and upkeep of the property and denied his petition to withdraw money for the purchase of the home.
