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 a valid deed was recorded, most likely you no longer have a legal ownership interest in that parcel. Recorded conveyances generally pass title to the grantee, and long-standing, recorded transfers are difficult to undo. However, there are important exceptions and potential remedies (for example, if the deed was forged, procured by fraud or undue influence, or if a probate distribution was improper). You should confirm the chain of title and explore legal options with a Hawaii real property or probate attorney if you suspect a defect.

How this typically works under Hawaii law

When someone transfers real property by a recorded deed, the deed becomes part of the public record and generally conveys the interest described in the deed to the grantee. In Hawaii, property transfers and the public record are the starting points for determining ownership. A survey can show physical boundaries and the parcel description, but ownership depends on the recorded chain of title (deeds, mortgages, liens, probate orders, etc.).

Common scenarios you may encounter:

Deed conveyed during your mother’s lifetime and recorded: If your mother executed and recorded a deed that legally conveyed the property to another person while she was alive (and she had capacity and the deed was properly witnessed/not forged), the transfer likely divested the property from her estate and her heirs. The property would not pass through probate because it left her ownership before death.
Property transferred by the personal representative after probate: If the property was distributed by a court-approved probate proceeding and the distribution was recorded (or a deed was issued by the personal representative), the distribution generally becomes effective and the heirs lose any ownership interest consistent with the probate order.
Apparent recorded conveyance but factual dispute: If you have reason to believe the deed was forged, signed under duress, executed when your mother lacked capacity, or resulted from undue influence or fraud, you may have grounds to challenge the conveyance despite the passage of time. Courts will look at evidence of forgery, lack of capacity, or misconduct by fiduciaries.
Clerical errors or boundary vs. title issues: Sometimes surveys reveal boundary disputes or errors in legal descriptions without changing who holds title. A survey alone does not create or extinguish title — the recorded deed language and chain of title do.

What steps to take now

Obtain the recorded deed and chain of title: Get certified copies of the deed that the survey indicates and review the chain of title going back to your mother. In Hawaii, recorded instruments are searchable at the county recording office or the state’s land recording system. Confirm recording dates, grantor/grantee names, and legal descriptions.
Get the probate file (if any): Check whether your mother’s estate was opened in Hawaii probate court and whether the court approved a distribution or decree regarding that parcel. Probate records can show whether the court authorized a transfer. The Hawaii Judiciary maintains probate information and court records; contact the probate clerk in the county where your mother lived.
Talk with a title company or real property attorney: A title examiner can explain whether title insurance would have covered defects and can flag potential problems in the chain of title. If you believe the conveyance was improper, a Hawaii attorney can evaluate remedies (for example, an action to cancel a deed, an action for fraud, or an estate-related claim).
Act quickly if you suspect wrongdoing: Some claims have time limits, and evidence can disappear over time. If you believe the deed was fraudulent or the probate distribution improper, consult counsel promptly to preserve claims and evidence.

Possible legal remedies (depending on facts)

Quiet title / cancellation of deed: If you can show the deed is invalid (forgery, lack of capacity, fraud), a court can cancel the deed and quiet title. These actions require strong proof.
Probate-related remedies: If a personal representative or executor improperly distributed estate property, heirs may be able to reopen the probate or bring an action against the fiduciary for breach of duty.
Fraud, undue influence, or elder-abuse claims: If the transfer resulted from fraud or undue influence, you may have tort and equitable remedies, including rescission of the conveyance.
Title insurance claim: If the current owner holds title insurance, the insurer may defend the title or pay losses if a covered defect arises.

Relevant Hawaii resources and statutes

Review Hawaii’s publicly available statutory and court resources to learn more and to locate relevant probate and property chapters:

Hawaii Revised Statutes (search and current codified laws): https://www.capitol.hawaii.gov/hrscurrent/
Hawaii State Judiciary — general information on probate and court procedures: https://www.courts.state.hi.us/

Note: statutory chapters that commonly apply include those governing probate administration, fiduciary duties, conveyancing and recording, and remedies in civil actions. Use the Hawaii Revised Statutes search above or consult an attorney to find the specific provisions that apply to your situation.

Example hypotheticals

Hypothetical A: Your mother signed a deed in 1975 transferring the lot to a neighbor; the deed was recorded at the Bureau of Conveyances. You were not notified and later inherit what you thought was her property. Because the deed predates her death, the property was not part of her estate and you have no ownership interest unless you can prove the 1975 deed was invalid (forgery, lack of capacity, or fraud).

Hypothetical B: Your mother’s estate was opened and listed the property, but the personal representative sold the parcel and recorded a deed without court approval or proper notice to heirs. You may have grounds to reopen probate or sue the personal representative for breach of fiduciary duty.

When you should consult an attorney

Talk to a Hawaii attorney if any of the following apply:

You believe the recorded deed was forged or the signature was falsified.
You suspect undue influence, elder abuse, or fraud led to the transfer.
The probate administration appears to have improperly disposed of estate assets.
You need to determine whether to file a challenge and whether time limits (statutes of limitation) may bar claims.

An attorney can pull the official title history, review probate files, advise about deadlines, and recommend the best legal strategy (quiet title, probate reopening, tort claims, or negotiation).

Helpful hints

Start with documents: request certified copies of the recorded deed(s), the chain of title, and any probate case file. These documents drive the analysis.
Understand recording vs. survey: a survey shows boundaries and physical facts; recorded instruments determine legal ownership.
Keep evidence safe: preserve letters, original documents, and any communications about the transfer.
Check for title insurance: if the current owner has title insurance, a covered claim may be handled by the insurer.
Time matters: many claims have deadlines. Don’t delay contacting counsel if you suspect a bad act.
Use official resources: Hawaii Revised Statutes and the Hawaii Judiciary websites are authoritative starting points (HRS and Hawaii Courts).

Disclaimer: This article explains general principles under Hawaii law and is for educational purposes only. It is not legal advice, does not create an attorney-client relationship, and is not a substitute for consulting a licensed attorney about your specific circumstances.