Detailed Answer
Short answer: if a current, recorded deed or other recorded instrument shows the property was conveyed out of your mother’s estate decades ago, you most likely have no ownership interest in that parcel today. A recorded conveyance typically transfers title to the named grantee, and the law favors reliance on the public record. But there are limited exceptions and potential remedies depending on the facts.
How to read what the survey is telling you
A survey is primarily a map of boundaries and may show title references or notes indicating who holds legal title. If the survey references a recorded deed showing the estate conveyed the property to a third party, the survey is flagging that a deed exists that removed the property from the estate’s ownership.
Why a recorded conveyance usually ends your claim
Recording a deed gives public notice of the transfer. If the deed was validly executed, delivered, and recorded, the grantee (and subsequent purchasers for value who rely on the record) will generally have superior title. Under Indiana property and probate law, recorded conveyances and the order of instruments in the public record matter. For background on the state rules that govern recorded instruments and title, see Indiana Code Title 32 (Property) and Title 29 (Probate):
Potential exceptions — when you might still have a claim
Even if a deed is recorded, you might have grounds to challenge the transfer or pursue remedies if any of the following apply:
- Fraud or forgery: If the deed was forged or fraudulently obtained, a court can set it aside. You will need evidence (forensic document analysis, witness statements, etc.).
- Breach of fiduciary duty by a personal representative: If an executor or personal representative improperly conveyed estate property for their own benefit or otherwise breached duties, the estate (or heirs) can sometimes sue the fiduciary to recover value. Probate rules and remedies are in Title 29 of the Indiana Code.
- Clerical or recording errors: If a deed was mistakenly recorded for the wrong parcel, or legal descriptions are incorrect, the court can correct records or quiet title to reflect true ownership.
- Non-probate ownership: If the property wasn’t actually estate property because it was owned in joint tenancy, in a trust, or had a transfer-on-death designation, it would have passed outside probate. In that case, the survey’s reference to an estate transaction may be irrelevant to present ownership.
- Time limits and laches: Some claims have strict deadlines. If decades have passed, statutes of limitation or laches (delay) may bar relief.
What courts and actions can address problems
Depending on the issue you suspect, a court action might include:
- Quiet title action — to ask a court to declare who owns the property.
- Action to set aside a deed — for fraud, forgery, duress, or undue influence.
- Probate/accounting action — to hold a personal representative accountable if they misapplied estate assets.
- Reformation or correction — if there’s a legal-description error or clerical mistake in recorded documents.
Practical effect if you have no interest
If the conveyance was valid and remains unchallenged, you will not have the right to possess, use, sell, or mortgage that property. A later purchaser who relies on the public record will generally have superior rights. In practical terms, you should plan on the property being out of the estate unless you find a legal basis to challenge the transfer.
How quickly you must act
Some claims (especially those against fiduciaries or to contest probate actions) have short deadlines. Because the time to bring a claim can expire, act promptly if you believe the conveyance was improper. Even if the conveyance occurred decades ago, there may still be narrow remedies, but those are fact-dependent and time-sensitive.
Recommended next steps
- Get a full chain-of-title report from a title company or an attorney. This identifies every recorded transfer and any encumbrances.
- Obtain certified copies of the deed(s) and the probate file (if the estate was probated). County recorder and probate clerk offices can help you find those records.
- Ask an attorney to review the records and the survey. The attorney will identify whether there is any realistic legal basis to challenge the transfer or ask for relief.
- If necessary, consider a surveyor or title examiner to confirm whether the legal description in the deed matches the parcel you care about.
- Act quickly if you suspect fraud, forgery, or fiduciary breach; these matters often require immediate investigation.
Helpful Hints
- Do not assume a survey showing a past conveyance is a final answer — it’s a strong indicator, but documents and context matter.
- Start with public records: county recorder for deeds, county probate court for estate files, and the county assessor for tax history.
- Request a title search from a licensed title company; it saves time and highlights recorded liens and chains of ownership.
- If you find a recorded deed that appears improper, preserve evidence (copies, witness names, correspondence) and contact an attorney quickly.
- Do not trespass on the property. Being on the land without permission can create complications and may harm your claim.
- Remember that many estate- and property-law disputes have strict deadlines. Even if the conveyance occurred long ago, some remedies may still be possible but will often demand prompt legal action.
- Ask the attorney about the cost and likely timeline for any litigation. Some disputes resolve with negotiation if the other party wants clear title for a sale or refinancing.
Disclaimer: This article is informational only and is not legal advice. It does not create an attorney-client relationship. Laws change and the facts of each case matter. For advice about your specific situation, consult a licensed Indiana attorney promptly.