Detailed Answer

Short answer: If a current survey and title search show the property was conveyed out of your mother’s estate decades ago and the conveyance appears valid and properly recorded, you likely no longer have a legal ownership interest in that parcel under New Mexico law. However, there are important exceptions and steps you should take before concluding you have no claim.

What to understand first

Real property ownership depends on the recorded chain of title, probate administration, and whether any defects (forgery, fraud, lack of authority, clerical errors) make the transfer void or voidable. In New Mexico, recorded deeds that pass title to a buyer who paid value and did not have notice of defects generally protect that buyer and their successors. At the same time, estates are handled through probate; if the property was properly inventoried and distributed in probate or sold under authority of the court, that often finalizes the transfer.

Common scenarios and legal consequences

Valid, recorded sale to a bona fide purchaser: If the deed to a third party was valid, signed by the proper parties, and recorded, the buyer likely owns the property now. Your claim as an heir typically ends once title passes to a bona fide purchaser without notice of problems.
Transfer under a properly administered probate: If the property was part of your mother’s estate and the personal representative (executor/administrator) sold or conveyed it under court authority during probate, the sale usually cuts off heirs’ future claims once the court approved the transaction and distribution occurred.
Voidable or void transfer (fraud, forgery, lack of authority): If a deed was forged, executed by a person lacking authority (e.g., someone who claimed to act for the estate but had no appointment), or obtained by fraud, the transfer may be voidable. You may be able to challenge it, even decades later, though practical and legal obstacles (statutes of limitations, laches, intervening bona fide purchasers) can limit relief.
Clerical or recording errors: Sometimes deeds get mis-indexed or recorded incorrectly. That can create clouded title that a quiet title action can resolve. The remedy depends on the specific error and whether someone acquired rights in reliance on the record.
Adverse possession or long peaceful possession: A party who treated the land as their own and met New Mexico’s legal requirements for adverse possession may have acquired title by prescription over time. That doctrine involves strict factual and statutory requirements; consult a lawyer for analysis.

What steps to take now

Get a certified copy of the deed and probate file: Obtain a certified copy of the deed that appears to convey the property and any probate court file for your mother’s estate. County clerk/recorder and probate court records show what was recorded and what the court authorized.
Run a full title search: A professional title search or a real estate attorney can trace the chain of title back before your mother’s ownership to see whether the conveyance is properly recorded and identify liens, encumbrances, or competing claims.
Check whether probate approved the transfer: Confirm whether the property was listed in the inventory and whether the personal representative sold it with court approval. If so, distribution records will show how the estate handled the asset.
Evaluate potential defects: Look for signs of forgery, missing signatures, forged notary acknowledgments, or evidence that the person who signed lacked authority. Also review whether anyone claiming title paid value and had no notice of a problem.
Consult a New Mexico real property or probate attorney: If you find irregularities or want to confirm your position, speak to an attorney promptly. Time bars, such as statutes of limitation and laches, may apply.
Consider a quiet title or probate challenge: If you believe the conveyance was invalid, an action in district court to quiet title or to reopen/contest probate may be appropriate. A court can declare ownership, remove clouds on title, or provide other remedies where justified.

How New Mexico procedures and resources can help

New Mexico’s courts handle probate and property disputes. The New Mexico Courts website includes self-help and probate resources that explain filings and procedures: https://www.nmcourts.gov. For general statute texts and guidance, the New Mexico Legislature’s website lists statutes and chapters relevant to probate, conveyancing, and recording: https://www.nmlegis.gov.

Practical outcomes you might see

If the deed and probate records show a clean transfer long ago, you will likely have no ownership interest in the property and no right to possession.
If a title company insured the current owner’s title decades ago, the owner probably has strong protection; you may need to pursue a contested claim against the estate or seek other narrow remedies.
If you discover fraud, forgery, or an unauthorized transfer, you may have a viable claim, but you must act quickly and gather evidence—older cases become harder to win because records vanish and witnesses die or memories fade.

Costs, remedies, and timeline

Contesting an old conveyance can take months to years and may cost significant attorney and court fees. Remedies include rescission of a void deed, money damages, or a declaration that the deed is invalid. However, courts balance the equities; a decades-old, apparently valid transfer to an innocent purchaser often remains in place.

Where to get help: Look for a New Mexico attorney who practices real estate and probate law. Bring copies of the deed, any probate docket numbers, death certificate, wills, and any communications about the property. If cost is a concern, consider initial free consultations, legal aid clinics, or asking local bar association referral services.

Helpful Hints

Obtain certified copies of the deed and probate documents from the county clerk and the probate court to confirm what the public record shows.
Order a full title report or hire a title company to see how title passed after your mother’s ownership.
Look for recorded notices, liens, or judgments that may have affected ownership after the conveyance.
If you suspect fraud or forgery, preserve originals and make copies of all documents and communications immediately.
Act quickly. Even if a deed seems suspect, statutes of limitation and equitable defenses can block claims over time.
Ask whether title insurance exists on the property. If so, the insurer may defend the title or pay a claim under the policy’s terms.
Contact the county recorder’s office for help locating records and the probate court clerk for the estate file.
Keep written records of any conversations or steps you take; a clear paper trail helps any future legal claim.