Detailed Answer

Short answer: If a recent survey or title search shows that the property was conveyed out of your mother’s estate decades ago, the person (or entity) named on the recorded deed probably now holds legal title. In most cases you will not have an ownership interest unless you can show the old conveyance was invalid (for example, forged, obtained by fraud, or the deed was never properly recorded). Florida law also contains rules that can defeat very old claims to title. Because outcomes turn on documents, timing, and facts, get copies of the deed and title history and speak with a Florida probate or real estate attorney promptly.

Why the conveyance usually ends your claim

Real property in Florida generally changes ownership by deed. When a properly executed, delivered, and recorded deed transfers property out of an estate, the grantee becomes the legal owner. A later survey showing that transfer happened decades ago typically means the estate no longer owned the property at the time you later inquired.

Common legal issues to check

• Was the deed valid? A deed can be invalid for forgery, lack of proper signatures, or failure to comply with required formalities.
• Was the deed recorded? Recording gives public notice and protects bona fide purchasers. See Florida’s recording provisions: Fla. Stat. ch. 695 (recording).
• Did the probate administration include that parcel? Sometimes property passes outside probate (by deed, trust, joint ownership) and therefore never formed part of the estate administered in court.
• Are there grounds to challenge the transfer? Examples: fraud, undue influence, incapacity when the deed was signed, or the deed was executed after the decedent’s death (which would be void).
• Are there statutory defenses that block old claims? Florida’s Marketable Record Title Act (MRTA) can extinguish stale claims to title after a long period: Fla. Stat. ch. 712 (MRTA). That makes it harder to revive decades‑old title claims.

Possible legal paths if you think the conveyance was improper

1. Obtain the key documents: Get certified copies of the recorded deed(s), the chain of title, and your mother’s probate file (if any). Confirm who signed what and when.
2. Talk to a probate/real estate attorney: An attorney can evaluate whether a recorded deed is voidable (fraud, forgery, undue influence) and explain time limits for challenges.
3. Consider a quiet title action: If you believe you or the estate still has a valid interest, you may be able to file a quiet title lawsuit to clear title. Courts decide title disputes based on records and equitable factors.
4. Challenge the personal representative (if applicable): If a personal representative improperly conveyed estate property during probate, heirs sometimes have claims for breach of fiduciary duty. Probate claims have strict notice and timing rules, so act quickly. See Florida probate administration: Fla. Stat. ch. 733 (administration) and intestate/succession rules: Fla. Stat. ch. 732 (inheritance).
5. Check title insurance or lender files: If there was title insurance on the property, the insurer may have records or obligations. If a mortgage or bank was involved, their files can shed light on the transfer.

Timing and practical realities

Decades-old transfers raise practical hurdles. Statutes of limitation, MRTA, and the strength of recorded documents make it difficult to overturn old conveyances. Even if you have a legal theory, litigation can be lengthy and costly. An attorney can estimate your chances and costs and suggest alternatives (negotiation, settlement, or accepting the recorded owner’s title).

When you might still have options

• The deed was forged or signed after your mother’s death — such deeds are void and can be set aside.
• The person who transferred the property lacked authority (for example, a personal representative who acted outside probate court orders).
• There is evidence of fraud or undue influence that induced a conveyance.
• Title insurance or another party (insurer, grantor) provides coverage or remedies.

Next practical steps

1. Order a certified copy of the deed and a full title search from the county recorder or a title company.
2. Obtain your mother’s probate case file (if one exists) from the clerk of the circuit court in the county where she lived.
3. Bring these documents to a Florida attorney who handles probate and real estate disputes for an assessment.

Disclaimer

This information is educational and not legal advice. It summarizes general principles of Florida law and possible steps you might consider. Only a licensed Florida attorney who reviews the specific documents and facts can advise you about your rights and options.

Helpful Hints

• Start by getting certified copies of the deed and the probate file—many problems resolve once you see the paperwork.
• Time matters: probate deadlines and statutes of limitation can bar claims. Don’t delay contacting counsel.
• If you find a recorded deed, check the recording date, names, and notarizations carefully—errors or forgeries are the common defects that can be challenged.
• Ask whether the property had title insurance; a title company may help resolve certain defects without litigation.
• If litigation seems likely, an attorney can recommend cost-efficient options: demand letters, negotiation, quiet title, or claims against an executor for breach of duty.
• Keep all original documents, correspondence, and any evidence that might indicate incapacity, coercion, or fraud at the time of transfer.
• Use the Florida statutes linked above to read the official language, but get professional guidance before acting on it.