A block of land in Melbourne purchased in 1929 by my grandfather was passed on to my mother in 1999 on his death.
She passed away late 2020, my father passed away in 2011. Three months prior to her death my brother, using her power of attorney sold the land for $700,000, payable in March 2021. He and I share 50/50 in our mother's net estate.
The block of land was rented for $650/month with the tenant paying all outgoings.
My mother was a pensioner and had not lodged a tax return for more than 20 years. This was her only other income.
My solicitor has told me that I do not have any capital gains tax liability.
But I am wondering if the estate of my mother should become registered for tax and pay capital gains tax on the profit made by the estate, which presumably in simple terms would be the excess of the $700,000 over its deemed value on inheritance in 1999? Even though at the date of her death, payment for the land she owned had not been made?