Short answer
If a recorded survey and deed trail show the property was conveyed out of your mother’s estate decades ago, you most likely no longer own any interest in the land. Recorded conveyances that were valid at the time typically pass title to the buyer or grantee, and later owners take title free of most claims by heirs who were not preserved in the probate process. However, there are limited exceptions (for example, fraud, forgery, a void probate, or other defects), and time limits can bar challenges. The steps below explain how to confirm the situation and what remedies — if any — may still exist under Vermont law.
Detailed answer — what to check and how Vermont law applies
1. Confirm the chain of title and the probate record
First, get copies of the recorded deed(s) and the survey. Verify who signed the deed that transferred the property and whether that deed was recorded in the town land records. Then obtain the probate file for your mother’s estate to see how the estate was administered (was there a will, an executor or administrator, an order approving a sale, or a final distribution?). Probate and estate administration in Vermont are governed by the probate statutes (Title 14). You can begin research at the Vermont Statutes — Title 14 (Probate, Trusts, and Fiduciaries): https://legislature.vermont.gov/statutes/title/14.
2. If the conveyance was properly made and recorded
If the executor or administrator had authority under Vermont probate procedures to sell or convey estate property, and the sale or conveyance was recorded properly, the buyer’s title will generally be superior to claims by heirs who were not preserved. Recorded deeds and the public land-records system are designed to protect purchasers and subsequent good-faith owners. Vermont property and recording law are found in Title 27 (Property): https://legislature.vermont.gov/statutes/title/27.
3. Possible grounds to challenge the conveyance
Even when a deed is recorded, a challenge could be possible if one of these defects is present:
- Fraud, forgery, or a forged signature on the deed.
- The person who signed the deed lacked authority (for example, no court order authorized the sale and the executor/administrator exceeded authority).
- The probate proceedings were void or a material step in administration was unlawfully omitted.
- A surviving heir was fraudulently excluded from probate or misled about the estate administration.
These claims are fact-specific. Vermont’s civil and property rules set time limits and procedures for challenging deeds, filing actions to quiet title, or reopening probate. For civil procedure and actions in Vermont courts see Title 12 (Courts and Civil Procedure): https://legislature.vermont.gov/statutes/title/12.
4. Time limits and practical barriers
Decades-old conveyances create practical barriers. Statutes of limitation, laches, and the rights of good-faith purchasers generally make successful long-delayed challenges difficult. Even if a defect exists, courts weigh delay, prejudice to current owners, and the public interest in stable title. Because statutes and deadlines matter, talk with an attorney quickly if you think fraud or a serious error occurred.
5. Remedies that may be available
Possible remedies in narrow circumstances include:
- An action to set aside a deed for fraud or forgery (if timely and supported by evidence).
- An action to reopen or contest probate administration when errors or fraud affected distribution of estate assets.
- A quiet-title action to clarify who owns the land (useful when boundaries, title gaps, or competing claims exist).
- Equitable claims (for example, constructive trust or accounting) if a third party wrongly benefited at the estate’s expense.
Each remedy has different proof and timing requirements under Vermont law. A Vermont attorney can evaluate which path, if any, remains open.
6. If the transfer was an honest sale by the estate
If the sale was properly authorized and recorded, the buyer’s title is usually good. Your practical options then focus on whether you have any compensation claim (rare after a proper sale) or whether any portion of the estate assets was misallocated in ways that harmed you. That again depends on the probate record and any will or estate plan your mother left.
How to proceed — a step-by-step checklist
- Obtain certified copies of the recorded deed(s) and the survey from the town land records or registry where the property is recorded.
- Request the probate court file for your mother’s estate to confirm administration steps, orders, and distributions.
- Order a title search or contact a title company to map the full chain of title from the conveyance to the present owner.
- Gather any estate documents you have (wills, codicils, correspondence, inventories, sale notices).
- Consult a Vermont attorney who handles probate and real estate claims. They can assess deadlines, potential claims, and the costs and likelihood of success.
Finding the right information quickly reduces the risk of missing critical filing deadlines or losing rights permanently.
Helpful hints
- Start with public records: town land records and the probate court file are the foundation of any case.
- Keep copies of every document you obtain and a timeline of events.
- If the current owner has title insurance, a title policy may limit your remedies; contact the title insurer if you suspect a covered title defect.
- Do not attempt self-help remedies (for example, removing tenants or property) — that can create legal problems for you.
- Act promptly when you suspect fraud or forgery; waiting often eliminates legal remedies.
- Ask the probate clerk which local rules control reopening or contesting an estate file — the clerk can point you to local procedures and records access rules.
- If finances are a concern, ask an attorney about a short initial consult to review key documents and deadlines rather than a full representation right away.