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The Baron,
I found your blog to be very informative. Thank you for taking the time to explain and share your knowledge with all of us.
I copied and pasted the following from your blog:
Only a owner who owns the mineral rights can create a servitude. A servitude can be created that is set to terminate at a certain time, occurrence of specific condition, or even of the condition of divesting the title. However, a usufructuary can not establish a servitude on the estate of his usufruct, even during the time of his usufruct.
My plans are to gift my property over time to my children and retain an usufruct until my death. I had planned to use my estate lawyer to see to my needs, but now I feel that I should consult with a O&G attorney to be sure of how this would affect me and my estate. Thanks, Max
If I may suggest, placing your property into a trust or LLC could be the alternative. You could name yourself as trustee or managing partner of the LLc and retain control, while your kids could be given a %.
Not sure how this would effect inheiritance taxes, but deffinatly worth the look.
Your post makes perfect sense. I do not want to get into a p_____g contest but to entertain a $1500.00 offer would indeed take some real soul searching.
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Posted by Char on May 29, 2025 at 14:42 — 4 Comments
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