What happens if the survey shows the property was conveyed out of my mother’s estate decades ago (ME) | Maine Probate | FastCounsel
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What happens if the survey shows the property was conveyed out of my mother’s estate decades ago (ME)

If a recorded survey shows the property was conveyed out of your parent’s estate decades ago: what to know under Maine law

Short answer: If a deed conveying the property was properly recorded and the estate was lawfully administered, you likely no longer have a legal ownership interest. But there are limited ways to challenge or investigate the transfer if you suspect error, fraud, lack of authority, or an incomplete record.

Detailed answer — what this means and the steps to take

When a survey or title search shows that property once associated with your mother’s estate was conveyed to someone else decades ago, the legal effect depends on how that transfer happened and whether the transfer was valid under Maine law and properly recorded. Important concepts to understand:

1) Recording and chain of title

In Maine, recorded deeds and other instruments at the county Registry of Deeds form the public chain of title. If a valid deed transferring the parcel to another party was recorded, that deed presumptively passed title to whoever was named and had capacity and authority to convey. Your first practical step is to obtain certified copies of all recorded instruments relating to the parcel from the appropriate county Registry of Deeds and a copy of the survey that produced the result.

2) Probate records and the estate administration

Find the probate file for your mother’s estate. If the estate was opened and the property was distributed in probate (or sold by an appointed fiduciary), look for court orders, inventory, and the personal representative’s accounting. If the executor or administrator had court authority to sell or transfer property and followed the court’s orders, that generally validates the transfer. Maine probate procedures and requirements are governed by the Maine Probate Code (Title 18‑A). You can begin here to locate probate procedural guidance: https://www.mainelegislature.org/legis/statutes/ (search Title 18‑A) and get practical probate information at the Maine Judicial Branch probate pages: https://www.courts.maine.gov/court_procedures/probate/.

3) When a transfer might be invalidated

Even if a deed is old and recorded, there are limited grounds to challenge it. Typical bases include:

  • Fraud, forgery, or fabrication of the deed or signatures;
  • The person purporting to sign had no authority (for example, a so‑called executor who lacked appointment or court approval to transfer estate land);
  • The decedent did not own the property at death (someone else already owned it);
  • A clerical or surveying error showing the wrong parcel; or
  • Procedural defects in the probate process that, if timely challenged, might affect distribution.

Proving these problems after many years is harder. Evidence disappears, witnesses die, and courts apply doctrines like laches and statutes of limitation that often bar stale claims.

4) Common legal actions and remedies

Depending on the facts, possible legal paths include:

  • Quiet title action — ask a court to declare who holds title now and clear defects in the chain of title;
  • Action to set aside or rescind a conveyance — possible if you can prove fraud, forgery, duress, or lack of authority;
  • Petition to reopen probate or contest the probate distribution — sometimes possible if the probate was improperly handled, but time limits often apply;
  • Claims against title insurance (if a later buyer took title subject to an insurer);
  • Equitable claims such as constructive trust or unjust enrichment when a transfer was wrongful.

All of these actions have specific procedural rules and time limits under Maine law. For statutes and rules affecting probate and property disputes, see the Maine Revised Statutes landing page: https://www.mainelegislature.org/legis/statutes/ and consult Title 18‑A (probate) for probate procedure.

5) Practical examples of likely outcomes

Hypotheticals to show how courts commonly resolve these situations:

  • If the deed was signed by an appointed and court‑authorized personal representative years ago and recorded, courts usually leave the conveyance intact — you will not have an ownership interest.
  • If the deed was forged or the representative had no authority and you can prove it with documentation, a court may set the deed aside, restore title, or award other relief — but you will face a steep evidentiary burden after decades.
  • If the deed conveyed an overlapping parcel due to a survey error, the remedy could be reformation of the deed or a boundary dispute action rather than a simple reversal of ownership.

6) Evidence you should gather now

To evaluate any claim, collect:

  • Certified copies of the recorded deed(s) and the survey;
  • The probate file and any court orders for your mother’s estate;
  • Title abstracts or title insurance policies, if any;
  • Wills, codicils, or estate planning documents; and
  • Any correspondence, receipts, or other evidence about the transfer or possession of the property.

7) When to consult an attorney

If the documents show a clean, recorded transfer and lawful probate, an attorney will likely advise that you no longer have an interest. If the records hint at forgery, lack of authority, or an unexplained gap in the chain of title, talk to a Maine real property/probate attorney quickly — there may be short filing deadlines and complex procedural hurdles you must meet.

Helpful hints

  • Start at the county Registry of Deeds: request certified copies of the deed(s) and run a full chain‑of‑title search for the parcel.
  • Obtain the probate court docket and estate file for your mother; the probate clerk can tell you whether the estate closed and what orders issued. See Maine Probate info: https://www.courts.maine.gov/court_procedures/probate/.
  • Check whether any deed contains a certification that a court authorized the sale — that language matters.
  • Look for title insurance policies that might cover losses from a defective transfer; contact the insurer early.
  • Act quickly if you suspect fraud or forgery; evidence and witness memory fade over time and courts often apply time bars to old claims.
  • Consider a limited attorney consultation to evaluate whether you have viable claims before spending on a full lawsuit. Many attorneys will review title documents and probate records and advise on likelihood and costs.
  • If the survey seems to show the wrong parcel, hire a licensed Maine surveyor to confirm boundaries before taking any legal steps.

Disclaimer: This article provides general information about Maine law and common legal options. It is not legal advice and does not create an attorney‑client relationship. For advice about your specific situation, consult a licensed Maine attorney who can review the records and advise you about deadlines and remedies.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.