Detailed Answer
Short answer: if a title search or survey shows the property was conveyed out of your mother’s estate decades ago, then under New York law the person who received that conveyance likely owns the property now. You generally will not have an ownership interest unless you can prove the conveyance was invalid (for example, forged, obtained by fraud, or otherwise void). This article explains how to confirm the situation, what legal doctrines may apply, and what practical steps you can take next.
How property transfers and probate interact in New York
Real property transfers in New York occur by deed. A deed that was properly executed, delivered, and (if applicable) recorded typically transfers title when it was created or recorded. If your mother conveyed the property during her lifetime, it would not be part of her estate at death. If an executor or personal representative conveyed estate property during probate, that deed is ordinarily valid if the executor had authority to act.
Because title depends on the chain of deeds, a survey or title report showing a past conveyance is powerful evidence that the conveyance occurred and was effective.
Common reasons you still might have a claim
- Fraud, forgery, or lack of legal capacity when the deed was signed. If the deed was forged, it is void and can be challenged.
- Undue influence or a forged/invalid power of attorney. If someone abused a power to transfer the property, the transfer may be voidable.
- An executor who lacked authority or who knowingly transferred estate property without court approval in a way that violates probate rules.
- The conveyance was recorded but the person who got the deed never paid consideration and another legal doctrine (rare) applies.
Barriers to suing now
Even if you have a theoretically valid claim, decades have passed. New York has time limits and doctrines that make late challenges difficult:
- Adverse possession and long possession: if the current possessor has openly occupied the land for the statutory period, they may have acquired title by adverse possession. See New York Real Property Actions and Proceedings Law (RPAPL) for the relevant provisions: RPAPL (Real Property Actions & Proceedings Law).
- Statutes of limitation and laches: many claims to set aside deeds or recover property are subject to time limits. The longer you wait, the harder it is to sue successfully.
- Bona fide purchaser protections: a later buyer who purchased in good faith and recorded the deed may be protected from earlier unrecorded claims.
Practical steps to take right now
- Obtain certified copies of: the deed(s) shown by the survey/title report, your mother’s deed history, and any probate records. County clerk or recorder’s office can provide recorded deeds and liens.
- Order a full title search (through a title company or an attorney) to confirm the chain of title back past the date of your mother’s ownership.
- Get probate records from the Surrogate’s Court where your mother’s estate was administered. Those files show what passed through probate and what was listed as estate assets. See general probate information: NYS Courts — Estate Administration.
- Collect evidence of possible wrongdoing if you suspect fraud: signatures, notarizations, witnesses, medical records showing incapacity, or a power of attorney and its limitations.
- Consult a New York attorney experienced in real estate and probate disputes. They can evaluate whether you have a viable cause of action (e.g., to void a forged deed, to seek reformation, or to bring a quiet title action).
Possible legal remedies (depends on facts)
- Quiet title action — to ask a court to declare the owner and remove clouds on title if you can overcome defenses like the statute of limitations or adverse possession. See RPAPL for typical procedures.
- Set aside deed for fraud or forgery — courts can cancel a deed obtained by fraud or forgery, but proof and timing matter.
- Probate remedies — if the conveyance happened during probate and violated the executor’s duties, a Surrogate’s Court action might be possible against the personal representative or heirs, subject to time limits.
- Negotiation or settlement — in many older disputes parties resolve title problems by settlement, purchase, or partition rather than litigating decades-old transfers.
Key New York law references
Relevant New York statutory frameworks you may want to review (or have your lawyer review):
- Real Property Actions and Proceedings Law (RPAPL) — actions involving title, possession, and adverse possession: https://www.nysenate.gov/legislation/laws/RPAPL
- Estates, Powers & Trusts Law (EPTL) — probate, intestacy, and personal representative duties: https://www.nysenate.gov/legislation/laws/EPTL
- New York Department of State — general information on recording and property records: https://dos.ny.gov/
Likely outcome in plain language
If the deed appears valid and someone received it decades ago, you most likely have no ownership interest now. Your realistic options are to (1) accept that outcome; (2) investigate whether the deed was voidable for fraud or forgery and, if so, bring a timely legal action; or (3) negotiate with the current owner. Because decades have passed, many legal avenues may be closed or difficult to win without strong, recent evidence.
When to get a lawyer
Contact a New York attorney if:
- You suspect fraud, forgery, or wrongdoing in the conveyance.
- The property was supposed to be part of probate but does not appear in the estate records.
- You want to know whether an adverse possession or statute-of-limitations defense likely bars your claim.
Ask the attorney about costs, likely outcomes, and whether a title search or quiet title action makes sense. An attorney can also tell you whether the matter is worth litigating given the age of the conveyance.
Disclaimer: This information is educational only and not legal advice. It does not create an attorney–client relationship. For advice about your specific situation, consult a licensed New York attorney.
Helpful Hints
- Don’t rely on one survey alone — order a full title report or a certified copy of the recorded deed chain from the county clerk.
- Check probate files — if the property was part of the estate, it should appear in Surrogate’s Court filings; if not, that supports the idea the property left the estate earlier.
- Act quickly if you suspect fraud — the sooner you gather evidence, the better your chances of overcoming time-based defenses.
- Keep records — copies of deeds, probate paperwork, surveys, correspondence, and any evidence of your mother’s intent are useful if you later consult an attorney.
- Consider a title insurer or a title company search if you plan any transaction involving the parcel — they can identify title defects and insurance options.
- If the property is occupied and you hope to recover it, understand that adverse possession and longstanding possession by others can make recovery legally difficult.