Rural support for the elderly, the old man does not come back, after death, how should the land be d

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It is not who supports and who inherits the land of the elderly.

1. After the death of the old man, the land will not be inherited by anyone who sends Pei Li;

2. Individuals only have the right to use the land, but not the ownership, and the ownership of the homestead belongs to the collective economic organization.

3. Therefore, after the death of the old man, the homestead is not the inheritance of the old man, and it cannot be inherited according to law. However, the collective economic organization does not take back this land use right, and the right to use the homestead land originally owned by the elderly belongs to the rest of the people in the household.

Maintenance and inheritance:

1. Two completely identical legal concepts;

2. The children's support and support for their parents is unconditional and indefinite;

3. The renunciation of the right of inheritance refers to the voluntary expression of intent of the heir not to inherit the inheritance after the inheritance begins but before the division of the inheritance;

4. The renunciation of inheritance rights is a unilateral legal act, and as long as the right holder unilaterally expresses the intention to renounce, the effect of renunciation occurs.

To sum up, if there is movable or immovable property left behind after the death of the elderly, then it can be obtained by the heir, but the premise is that it must belong to the individual's property, and although the land belongs to the citizen, it only has the right to use and no ownership, so it will not be recognized as a legacy, so it will be dealt with in combination with the actual situation.

Legal basis]:

Article 15 of the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly.

The caregiver shall ensure that the sick elderly receive timely ** and care; For the elderly who have financial difficulties, medical expenses shall be provided.

For the elderly who are unable to take care of themselves, the caregiver shall bear the responsibility of care; Where they are unable to take care of them personally, they may be entrusted with the care of others or elderly care establishments in accordance with the wishes of the elderly.

Article 16 Supporters shall make proper arrangements for the housing of the elderly, and shall not force the elderly to live in or move to houses with poor conditions.

Children or other relatives must not encroach on the housing owned or rented by the elderly, and must not change the property rights or lease relationship without authorization.

The caregiver has the obligation to maintain the housing owned by the elderly.

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According to the provisions of the Inheritance Law, children who fail to fulfill their maintenance obligations can be deprived of inheritance rights. In terms of rural land inheritance, in accordance with Article 70 of the Land Management Law of the People's Republic of China, after the death of a parent, his minor children or unmarried children may inherit his or her rural homesteads and cultivated land, provided that the following conditions are met: 1. The minor or unmarried child has lived with or supported him for a long time during the lifetime of his parents; (2) The minor or unmarried child was under the age of 18 at the time of the death of his or her parents or was not married; 3. The minor or unmarried child is eligible for inheritance.

Do the children of the unsupported elderly have the right to inherit the rural land of the elderly?

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According to the provisions of the Inheritance Law, children who fail to fulfill their maintenance obligations can be deprived of inheritance rights. In terms of rural land inheritance, according to Article 70 of the Land Management Law of the People's Republic of China, after the death of their parents, their minor children or unmarried children may inherit their rural homesteads and cultivated land, provided that the following conditions are met: 1. The minor or unmarried child has lived with them or provided for them for a long time during the lifetime of their parents; (2) The minor or unmarried child was under the age of 18 at the time of the death of his or her parents or was not married; 3. The minor or unmarried child is eligible for inheritance.

Legal analysis: land is not lenient and can be inherited in a bent way, and there is only the right of first refusal. About the right to land contract:

Rural collective land is contracted on a household basis rather than by individuals, and there is no inheritance problem, and all members within a household have the right to contract. Because the collective land is owned by the village collective, only the collective economic organization has the right to recover the land contracting right of a household, and there is no such thing as the resumption of the contracting right of a certain person.

Legal basis: Article 1074 of the Civil Code of the People's Republic of China Article 1074 Grandparents who can afford it have the obligation to support their adult grandchildren whose parents have died or whose parents are unable to support them. Grandchildren who can afford it have the obligation to support their grandparents who have died or whose children are unable to support them.

Article 23 of the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly: The elderly and their spouses have the obligation to support each other. Where an older brother or sister is supported by a younger brother or sister who is an adult and has the ability to afford it, he or she has an obligation to support the elder brother or sister who is old and has no support.

There is no support until the elderly have the right to inherit the estate. However, if the heirs who have the ability and the conditions for support do not fulfill their obligation to support, they shall not share or receive a small share when distributing the inheritance. The supporter shall not refuse to perform the obligation of support on the grounds of renunciation of inheritance rights, changes in the marital relationship of the person being supported, or other reasons.

Heirs who have fulfilled the main obligation to support the decedent or who live with the decedent may receive more than one share of the inheritance when the inheritance is distributed. If an heir who has the ability and the capacity to support does not fulfill his obligation to support, the inheritance shall be distributed without or less. Where the heirs agree through consultation, it may also be unequal.

Legal basis]:

Article 1130 of the Civil Code of the People's Republic of China The share of inheritance inherited by heirs in the same order shall generally be equal.

Heirs who have special difficulties in living and lack the ability to work shall be taken care of when distributing the inheritance.

Heirs who have fulfilled the main obligation to support the decedent or who live with the decedent may receive more than one share of the inheritance when the inheritance is distributed.

If an heir who has the ability and the capacity to support does not fulfill his obligation to support, the inheritance shall be distributed without or less.

Where the heirs agree through consultation, it may also be unequal.

Legal Analysis: A person who has not fulfilled his obligation to support is entitled to inheritance. Failure to fulfill the maintenance obligation is not a statutory circumstance for the loss of inheritance rights, so there is still a right to inherit even if the maintenance obligation is not fulfilled.

However, if the heirs who have the ability and the conditions to support do not fulfill their obligation to support, they shall not divide or divide less when distributing the inheritance. Legal basis: Article 1125 of the Civil Code of the People's Republic of China An heir shall lose the right of inheritance if he or she commits any of the following acts:

1) Intentionally killing the decedent; (2) killing other heirs for the purpose of competing for an inheritance; (3) Abandoning the decedent, or abusing the decedent, where the circumstances are serious; (4) Forging, altering, concealing, or destroying a will, where the circumstances are serious; (5) Using fraud or coercion to compel or obstruct the decedent from establishing, modifying, or withdrawing a will, and the circumstances are serious.

If you support the elderly, you don't have the right to inherit. However, if a widowed daughter-in-law has a situation with her parents-in-law or a widowed son-in-law with her parents-in-law, and has fulfilled the main obligation of support to her parents-in-law or parents-in-law, she can obtain the legal right of inheritance as the first-order heir of legal inheritance.

Legal basis] Article 1131 of the Civil Code of the People's Republic of China.

Appropriate inheritances may be distributed to persons other than the heirs who are dependent on the deceased, or to persons other than the heirs who are more dependent on the deceased.

Article 1129.

Where a widowed daughter-in-law has fulfilled the main obligation of support to her parents-in-law, or a widowed son-in-law to her parents-in-law, she is to be the first-order heir.

Legal analysis: land cannot be inherited, only the right of first refusal. Regardless of whether the children have fulfilled their obligation to support, the old man's land cannot be inherited, because the old man does not have the ownership of the land, and this only has the right to use, and it cannot be contracted for non-rural households.

Legal basis: Article 1127 of the Civil Code of the People's Republic of China The inheritance of the estate shall be in the following order:

1) First order: spouse, children, parents.

2) Second order: siblings, grandparents, maternal grandparents.

After the beginning of the inheritance, it shall be inherited by the first-order heir, and if the second-order heir does not inherit and the first-order heir inherits, it shall be inherited by the second-order heir.

For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren.

For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship.

The term "brothers and sisters" as used in this Part includes siblings of the same parents, half-siblings of the same father or half-brother, adoptive brothers and sisters, and step-brothers and sisters who have a relationship of support.