Detailed Answer — what this means and what to do next

Short answer: if a valid deed or other recorded conveyance transferred the property out of your mother’s estate and that transfer was legally effective, you likely no longer have a legal ownership interest. However, there are important exceptions and steps to confirm the outcome under Massachusetts law.

1. Confirm the basic facts

Start by getting copies of the recorded documents. A survey that shows a conveyance points you to a deed or other instrument recorded at the Registry of Deeds. Obtain the recorded deed and the probate file for your mother’s estate (if there was probate). These records show whether title left the estate, when, and to whom.

2. Why a recorded deed normally ends the estate’s ownership

In Massachusetts, when a property is legally conveyed by deed and the deed is properly executed and recorded at the county Registry of Deeds, the buyer/recipient acquires the estate’s interest subject to any defects that can be challenged. A recorded deed gives constructive notice to the world and is strong evidence that title passed. That typically means heirs do not keep an ownership interest once the transfer is validly completed.

3. Common exceptions that can preserve or revive heirs’ rights

• Fraud, forgery, or lack of capacity: if the deed was forged, signed under duress, or your mother lacked capacity at the time, the conveyance may be voidable.
• Probate irregularities: if probate administration failed to follow the law (for example, a sale required court approval but didn’t get it), there may be grounds to challenge.
• Missing or unknown heirs: if the estate representative fraudulently excluded heirs or did not give notice required by law, heirs might have claims.
• Failure of consideration or breach of fiduciary duty: if a personal representative or fiduciary sold property in breach of duty, the sale can be attacked.
• Title by adverse possession or long possession by others: decades of uninterrupted possession by a third party can, in some circumstances, give rise to title claims by that possessor rather than by heirs.

4. Typical next legal steps

1. Order a title search or obtain certified copies from the Registry of Deeds to trace the chain of title.
2. Request the probate (estate) file from the Probate and Family Court that handled your mother’s estate to review inventories, petitions, and distributions.
3. If you suspect wrongdoing or a mistake, consult an attorney to evaluate whether you have grounds to challenge the conveyance (for example, to set aside a fraudulent deed or to assert a claim against a personal representative).
4. If someone else claims ownership and you believe you have a right to the property, a lawyer can advise whether a lawsuit to quiet title or a declaratory judgment action is appropriate, or whether you should pursue probate remedies.

5. Practical outcomes you should expect

Most commonly, if the deed is valid and was recorded long ago, the current recorded owner has title and you have no marketable claim. If the deed is defective in a way you can prove (fraud, forgery, improper probate sale), you may be able to bring an action to set the conveyance aside, recover damages, or enforce fiduciary duties. Time limits and procedural rules apply, so act promptly once you learn facts that suggest a problem.

6. Where to get the records and legal authority in Massachusetts

Useful places to obtain records and background information:

• County Registry of Deeds (to pull recorded deeds): see your local Registry of Deeds through Mass.gov — https://www.mass.gov/orgs/registry-of-deeds
• Probate and Family Court (to obtain estate files and case dockets): https://www.mass.gov/orgs/probate-and-family-court
• Massachusetts Land Court (handles certain property and quiet-title matters): https://www.mass.gov/orgs/massachusetts-land-court
• Massachusetts Uniform Probate Code (statutes governing wills, estates, and probate matters) — see Chapter 190B: https://malegislature.gov/Laws/GeneralLaws/Chapter/190B
• General Massachusetts statutes and chapters applicable to conveyances and title (search the General Laws for deed and conveyance topics, and see Chapter 183 and Chapter 185 for matters relating to recording and title): https://malegislature.gov/Laws/GeneralLaws

Bottom line: a decades-old valid, recorded conveyance usually means you no longer own the property. But if you have reason to believe the transfer was invalid, incomplete, or the product of misconduct, you should gather records and consult an attorney quickly to learn whether you have a viable claim.

This article assumes general facts and is for informational purposes only. It does not create an attorney–client relationship.

Helpful Hints — practical checklist

• Get the deed: request a copy of the recorded deed shown on the survey from the county Registry of Deeds.
• Pull the probate file: order the estate docket and all filings from the Probate and Family Court that handled your mother’s estate.
• Order a title search: a professional title search will show the complete chain of title and any encumbrances.
• Look for red flags: missing signatures, unusual notarizations, personal representative actions without court approval, or transfers to family members under suspicious circumstances.
• Act quickly: legal claims can be subject to statutes of limitation, laches, or other time bars. Prompt review matters.
• Consider alternative remedies: if you lack a property claim, you might still have a claim for breach of fiduciary duty, accounting, or money damages against an estate representative.
• Talk to a Massachusetts attorney experienced in probate or real estate litigation — bring the deed, probate docket number (if any), and any other paperwork you have.

Disclaimer: This information is educational only and not legal advice. For advice about your specific situation, contact a licensed Massachusetts attorney.