Detailed Answer

Short answer: If a recent survey and title search show that the property was conveyed out of your mother’s estate decades ago and the deed is recorded, the recorded owner normally has legal title. That generally means you no longer have a property interest—unless you can show a legal defect (forgery, fraud, lack of authority in the person who signed the deed, mistakes in probate, or that you were an omitted heir entitled to relief). Alabama law treats recorded deeds and long-settled ownership as strong evidence of title, and many challenges are time‑limited.

How title normally works in this situation

When property is transferred during probate, a recorded deed (or other conveyance) usually transfers legal title to the grantee listed in that deed. If the deed was recorded decades ago, third parties who relied on the record may have acquired rights that are difficult to overturn. A current owner with a recorded deed can typically assert that record title unless someone proves the transfer was invalid.

Common legal paths if you think you have a claim

• Challenge the deed or probate administration. You can sue to set aside a conveyance if you can prove the deed was forged, signed under undue influence, obtained by fraud, or executed by someone who lacked authority (for example, a personal representative who exceeded their powers). You may also be able to ask the probate court to reopen the estate if there were irregularities in administration or an omitted heir situation.
• Claim for breach of fiduciary duty. If a personal representative, trustee, or guardian improperly transferred estate property, you may have a claim against that fiduciary.
• Quiet title or declaratory judgment actions. The current owner or you can file a quiet title action to clarify who holds title. If the transfer is old and unchallenged, a court is more likely to favor the recorded owner unless clear defects exist.
• Equitable remedies. In some cases, a court may grant an equitable remedy—such as a constructive trust—if someone improperly took property that should have belonged to the estate or to an heir.

Important timing rules

Statutes of limitation and laches (delay) matter. If decades have passed after the conveyance, many claims will be barred by statute or by the court’s reluctance to disturb long‑settled expectations. You should act promptly once you learn about the conveyance. To find the precise statutes that might apply to your claim, consult the Alabama Code and a local attorney. See the Alabama legislature site for code titles on probate and limitations: Alabama Legislature.

What you should do next

1. Obtain the recorded deed and a certified copy of the probate file (letters of administration, inventory, and final accounting) from the county probate office where your mother’s estate was administered.
2. Get a full title search or chain‑of‑title report. That will show every recorded conveyance affecting the parcel.
3. Keep the survey and any tax records, closing statements, and correspondence about the transfer.
4. Talk with an Alabama attorney who handles probate and real property. They can evaluate whether the conveyance can be challenged, whether any statute of limitations applies, and what remedies (if any) remain.

Practical outcomes you may expect

• If the deed is valid and the current owner has held title for many years, you may have no practical remedy and no property interest.
• If you can prove fraud, forgery, undue influence, or improper probate administration, a court might void the transfer or award compensation, but proving those claims can be difficult and fact‑intensive.
• If a fiduciary (like a personal representative) misapplied estate assets, you might have a civil claim against that individual or their insurer.

Where to find Alabama statutes and resources: consult the Code of Alabama provisions on probate (Title 43) and limitation of actions (Title 6) through the Alabama Legislature website: https://www.legislature.state.al.us. For county‑level probate records, contact the probate court in the county where your mother’s estate was administered.

Disclaimer

This information is educational only and is not legal advice. I am not a lawyer. Only a licensed Alabama attorney who reviews your documents and facts can advise you about your legal rights and options.

Helpful Hints

• Gather documents before you meet an attorney: death certificate, will, letters of administration, recorded deed(s), the survey, tax bills, closing statements, and any communications about the property.
• Order a certified copy of the probate file from the probate court where the estate was opened. That file often holds key facts (inventories, distributions, and orders).
• Get a title report or chain‑of‑title from a title company. That shows recorded transfers and recorded liens.
• Act quickly. Decades of inaction can create legal barriers to relief.
• If you suspect fraud or forgery, preserve originals and copies and avoid altering documents or discussing details publicly.
• Bring a clear timeline to your first attorney meeting—dates of death, probate, and any transfer you learned about. Timelines help identify applicable limitation periods.
• Ask your attorney about costs, likely outcomes, and whether alternative dispute resolution (mediation) could resolve the issue faster than litigation.