What if a survey shows the property was conveyed out of my mother’s estate decades ago?

Short answer: If a recorded deed or clear chain of title shows the property was validly conveyed out of your mother’s succession decades ago, you most likely no longer have a property interest. However, there are limited circumstances (fraud, void acts, lack of authority, forced‑heirship violations, or surviving prescriptive remedies) in which heirs may still have a claim. Time limits (prescription) and recorded title protections make many old claims difficult to win. Consult a Louisiana real‑estate or succession attorney promptly to review records and deadlines.

Detailed answer — how this works under Louisiana law

When a property that was part of a deceased person’s estate (succession) is sold, transferred, or otherwise conveyed, Louisiana law treats the transaction in light of several rules: whether the succession was opened and closed, who had authority to act for the succession, whether the deed was properly executed and recorded, and whether any heir has a timely legal claim challenging the transfer.

1. Start with the documentary record

Before drawing legal conclusions you should obtain and review:

• The recorded deed(s) showing the conveyance.
• The succession judgment or minute from the parish court that opened the succession (if any).
• A full chain‑of‑title or title report showing subsequent transfers and any liens.
• Any wills, inventories, or administration documents filed in the succession.

These documents show whether the transfer was made by a person who had legal authority (for example, the succession’s administrator or heirs acting after a proper partition) and whether the transfer was recorded. A recorded deed, followed by long open, peaceful possession by the purchaser, tends to strengthen the purchaser’s ownership.

2. Valid conveyance vs. voidable or void acts

If the conveyance was validly executed by the proper representative or by heirs after a lawful partition or sale, the buyer holds title and you likely have no interest to assert. But an heir can challenge a conveyance if it was:

• Executed by a person without authority (for example, someone who purported to act for the succession but was not the appointed administrator or had no authorization);
• Procured by fraud, duress, or material misrepresentation; or
• Part of a deliberate attempt to defeat forced‑heirship rights (Louisiana recognizes forced heirship protections for certain heirs).

If a transfer is truly void (for example, forged documents), heirs may have a remedy to annul the deed and obtain reconveyance. If a transfer is merely voidable (e.g., induced by fraud), heirs must act within the prescriptive period for that cause of action.

3. Prescription (statute of limitations) matters

Louisiana uses “prescription” rules rather than common‑law statutes of limitations. Different actions have different prescriptive periods. Examples that commonly matter here:

• Actions to annul or rescind a juridical act for vices of consent (fraud or error) have a prescriptive period measured from discovery of the vice; the exact period depends on the cause of action.
• Actions to reclaim immovable property against a possessor who has acquired it by acquisitive prescription (adverse possession) are limited once the possessor has completed the required period of possession.

Practical effect: if the conveyance happened decades ago and the grantee and their successors have held, possessed, and recorded for the required prescriptive period, a court is likely to find the grantee owns the property. You should get a lawyer to calculate any applicable prescriptive periods for your claim quickly; delays can permanently bar relief.

4. Forced heirship and succession remedies

Louisiana law contains protections for “forced heirs” (certain children and incapacitated descendants). If an heir’s legitime was improperly removed from the succession through a conveyance or donation intended to disinherit, that heir may have a cause to seek reduction of the offending donation or transfer. These remedies are subject to specific rules and prescription deadlines under Louisiana succession law.

5. If you truly have “no interest” on paper

If the chain of title is clean and the succession records show the estate property was properly transferred, then in practice you have no ownership interest. Your remaining options may be limited to:

• Requesting an explanation or copies of succession records from the person who appears on title.
• Negotiating with the present owner if you need access or compensation (sale, partition agreement, or settlement).
• Pursuing litigation only if there is a credible legal defect (fraud, lack of authority, forced‑heirship violation) and the claim is within the applicable prescriptive period.

How a typical review will proceed (practical checklist)

1. Get a full title report and certified copies of the recorded deed(s).
2. Obtain the succession docket or judgment from the parish where your mother’s succession was opened — this shows administration, partition, or sale orders.
3. Ask whether anyone else claims the property and whether the present owner has been in open possession for decades.
4. Have an attorney evaluate possible defects in the conveyance (authority, signatures, fraud) and calculate prescription deadlines.
5. If the claim looks viable and timely, the attorney will advise next steps (demand, negotiation, or filing suit). If not, they can explain non‑litigation options.

Relevant Louisiana law and where to look

Key topics to research on the Louisiana Legislature site include succession law, acquisitive prescription, and rules on nullity and rescission of juridical acts. Start with the Legislature’s legal search portal:

https://www.legis.la.gov/Legis/LawSearch.aspx

Useful search terms and subjects: “succession,” “acquisitive prescription,” “forced heirship,” and “nullity of acts.” Your attorney will point to the specific Louisiana Civil Code articles and Revised Statutes that apply to your facts.

Helpful hints

• Obtain the recorded deed and succession judgment before assuming you lost your interest. Records will often answer the question immediately.
• Act quickly. Prescription (time limits) can extinguish claims even if the transfer was improper.
• Look for signs of fraud or lack of authority (forged signature, no administrator appointed, sale without court approval when required).
• If the present owner has possessed openly and under recorded title for decades, acquisitive prescription may block most challenges.
• If you might have been a forced heir at the time of the transfer, an attorney should review whether forced‑heirship remedies apply.
• Even if you lack ownership, you may still be able to negotiate a resolution — consider mediation or a settlement demand before filing suit.
• Hire an attorney experienced in Louisiana succession and real‑estate law to review records and calculate prescriptive periods accurately.

Final notes and next steps

If a survey and title search show a recorded conveyance from your mother’s succession decades ago, you very likely have no ownership interest unless you can show a legal defect in the transfer and you are within the relevant prescriptive period. Gather the key recordings and succession paperwork and consult a Louisiana attorney right away to preserve any potential claims.

Disclaimer: This article is educational only and does not constitute legal advice. It summarizes general points of Louisiana law and is not a substitute for personalized advice from a licensed Louisiana attorney who can review your documents and facts.