Detailed Answer
Short answer: If a recent survey (and the recorded deed chain it reflects) shows the property was conveyed out of your mother’s estate decades ago, you likely do not own that parcel today — unless you can show a legal defect in the transfer (for example, a forged deed, fraud, a clerical error, or a successful probate challenge). The practical next steps are to confirm the chain of title and probate records, look for recording or title defects, and consult a Maryland attorney promptly to evaluate remedies such as a quiet title action, an action for fraud, or a claim against the estate or estate representative.
How this typically works in Maryland
Real property ownership in Maryland is determined by the recorded chain of title and by valid probate transfers. When a deed transferring real property is properly executed and recorded, the property usually passes to the grantee shown in that deed. Decades-old conveyances that were recorded and later relied on by third parties generally cut off later claims by heirs, especially if a bona fide purchaser acquired the property for value.
However, there are important exceptions and factual variations that matter:
- The deed might be invalid. Examples: forgery, lack of required signatures/notarization, incapacity or duress when signed, or failure to follow required probate procedures. If a deed is invalid, a court can set it aside.
- The transfer might not have been part of the probate estate. Sometimes assets were not administered in probate (omitted from inventory) or the beneficiary named in a will or by intestacy retained an interest that was overlooked. You should check the probate case to see what assets were listed and how the estate was distributed.
- Equitable or fiduciary claims may exist. If the estate representative (executor/administrator) improperly transferred or failed to account for estate property, beneficiaries may have remedies against the estate or the representative.
- Third-party rights and statutes of limitation. If a good-faith purchaser relied on the recorded deed long ago, courts are reluctant to disturb that title. Also, claims to set aside transfers can be barred by statutes of limitation or laches if too much time has passed.
Practical steps you should take now
- Obtain and carefully review the survey and the deed it references. Make copies and note the legal description, the grantee/grantor names, dates, and any reference to a deed book/volume and page or a recording instrument number.
- Search the county land records. Use the Maryland land records system or the local county clerk/recorder to pull the full chain of title and any encumbrances, mortgages, liens, or subsequent transfers. Maryland’s land records portal: mdlandrec.net. For guidance from the Maryland Judiciary: https://www.mdcourts.gov/clerkservices/landrecords.
- Pull the probate file for your mother’s estate. The probate docket and inventory will show what was administered. Maryland circuit court probate information: https://www.mdcourts.gov/courts/circuitcourt/familyprobate.
- Check for title insurance or a later quiet title action. If a later owner purchased with title insurance, the insurer may have accepted the title and will defend it; if there was a quiet title action, a court may have already resolved ownership.
- Document any irregularities. If you suspect forgery, fraud, undue influence, or errors in the probate process, gather supporting records: wills, correspondence, estate inventories, affidavits, prior deeds, and the survey report.
- Talk to a Maryland real property / probate attorney. An attorney can review the chain of title, the probate records, and the survey to tell you whether a legal claim exists and what remedies are realistic.
Possible legal outcomes and remedies
- No actionable interest: If the deed was valid, recorded, and the purchaser was a good-faith buyer, you may have no legal interest and no remedy.
- Challenge the conveyance: If the deed is forged or procured by fraud, you might bring an action to void that deed and get title returned. These claims often require clear proof and may be subject to time limits.
- Claim against the estate or estate representative: If the estate representative misdistributed or failed to include property in probate, beneficiaries might have claims in probate court.
- Quiet title action: Either to confirm you have no interest (useful to clear uncertainty) or, if you contest the conveyance, to ask the court to declare title in your favor.
- Settlement or compensation: In some cases, parties settle by monetary payment rather than reopening title disputes.
Timing and urgency
Time matters. Statutes of limitation, laches (delay), and the passage of time that establishes the rights of subsequent owners can prevent you from undoing an old conveyance. Start by collecting records immediately and contacting counsel — even if only to learn whether your claim is likely time-barred.
When to involve a title company
If you or someone else plans to sell or refinance the property, a title company will search the record and may issue a title report or insurance policy that identifies breaks or defects in the chain of title. Title insurance companies often have practical experience resolving old conveyance issues.
Resources
- Maryland Judiciary—Land Records: https://www.mdcourts.gov/clerkservices/landrecords
- Maryland land records searchable portal: https://mdlandrec.net/
- Maryland Judiciary—Probate and estates information: https://www.mdcourts.gov/courts/circuitcourt/familyprobate
- Maryland General Assembly (statutes search): https://mgaleg.maryland.gov/
Disclaimer: This article is for general information only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation in Maryland, consult a licensed Maryland attorney.
Helpful Hints
- Keep calm: a recorded deed decades old is not automatically the end of the road, but it does change the practical options available.
- Start with documents: copy the survey and the deed referenced on it, and get the probate case file for your mother.
- Look for recorded deed numbers and dates — those are keys to pulling the complete chain of title.
- Ask whether a title insurance policy exists for the property; title insurers often resolve old-record issues.
- If you suspect forgery or criminal conduct, consider contacting law enforcement in addition to civil counsel.
- Act quickly: legal deadlines and the rights of third parties can arise from long passage of time.
- When you consult an attorney, bring a timeline of events, copies of the survey, deeds, probate papers, and any communications about the property.