Detailed Answer

If a current survey and chain-of-title search show that a parcel was conveyed out of your mother’s estate decades ago and the deed and records appear valid, the most likely legal result is that you no longer have a property interest in that parcel. Legal title generally follows the recorded deed: if the estate properly conveyed the property to another person or entity and that conveyance was recorded, the grantee (and their successors) normally owns the property.

That said, there are important exceptions and steps to confirm that result. Common issues that can make an apparently old conveyance vulnerable include:

Improper or invalid probate administration (for example, if the deceased’s estate was not properly probated or the personal representative lacked authority to convey).
A forged, fraudulent, or forged-looking deed or will that was later recorded.
An omitted or mislabeled parcel in the probate distribution where the estate never actually passed clear title.
A clerical or recording error (wrong legal description, wrong grantee name, mis-indexed record) that masks your interest.
A successful adverse-possession claim by someone else, which could have extinguished your interest the longer the time has passed.

If none of those problems exist and the chain of title shows a valid conveyance, you typically have no legal interest to enforce. However, if you suspect the conveyance was invalid or the records are wrong, you may have legal remedies.

When a Conveyance Might Be Voidable or Void

You might still have a remedy if any of these apply:

The deed was forged or recorded because of fraud. A forged conveyance is void and can be attacked in court.
The estate never had authority to convey the property (for example, the property was not actually part of the probate estate or the person who signed lacked authority).
There was a clerical or survey error and the deed’s legal description does not actually match the parcel you believed was yours.
The conveyance failed to follow required statutory probate procedures, so distribution was ineffective.

If any of these situations are plausible, you can investigate further and possibly seek to set aside the conveyance in court (for example, by filing a quiet title action or asking the probate court to reopen the estate). Montana’s state laws govern probate and property issues; see the Montana Code for statutes on probate, intestate succession, conveyances, and real property.

Relevant Montana law pages (for research):

Typical Remedies and Actions

1) Confirm records and chain of title. Obtain certified copies of:

The recorded deed(s) that supposedly conveyed the property out of the estate;
The probate file or estate docket from the district court where your mother’s estate was administered;
Recorded wills, affidavits, or letters testamentary/administration.

2) Compare legal descriptions. Work with the surveyor to confirm whether the recorded deed’s legal description actually matches the parcel you are concerned about.

3) Evaluate whether the probate administration was proper. If the estate was never properly administered or the estate court lacked jurisdiction or authority over the property, the conveyance could be challengeable.

4) Consider a quiet title action. If you believe you or the estate still has an interest, a court can determine ownership and clear title. Courts also can reform or set aside deeds in cases of fraud, mistake, or clerical error.

5) Check statutes of limitation and adverse possession. Long gaps in time can bar some claims or let others succeed (e.g., if someone adversely possessed the land and the statutory period ran). Montana statutes and case law set time limits and conditions for adverse possession and related claims.

Practical Steps You Should Take Now

Get copies of the recorded deed(s) and the probate court file. Contact the county clerk and recorder and the district court where the estate was handled.
Order a full title search or consult a title company to see the recorded chain of title and any liens or encumbrances.
Review the survey closely with a licensed surveyor to confirm parcel boundaries and legal descriptions.
If you see possible problems (forgery, improper probate, mismatched legal descriptions, or clerical errors), consult a Montana real property or probate attorney promptly. Time limits can apply to some claims.
If you need to preserve potential claims, consider a consultation quickly to discuss whether you should ask the court to toll statutes or to take other protective steps.

Cost and Likelihood Considerations

Challenging an old conveyance can be expensive and fact-dependent. If the deed and records are straightforward and were properly recorded and probated, courts usually respect the recorded conveyance. If you have strong evidence of fraud, forgery, or a probate error, you may have a viable claim—but be prepared for document collection, survey fees, and litigation or negotiation costs.

Helpful Hints

Start with documents: certified recorded deed and the probate file are essential.
Confirm legal descriptions by comparing the survey map to the deed descriptions; subtle differences matter.
Title insurance or a title search can quickly show the chain of record title and help identify lapses or defects.
Act quickly if you suspect fraud or mistakes; statutes of limitation and laches can bar relief over time.
A probate or real property attorney can tell you whether reopening the probate, filing a quiet-title action, or another remedy makes sense in Montana.
Never sign away potential claims before getting basic legal advice.
Public records are searchable at county clerk/recorder offices and at the Montana courts website; start there for official copies.

Important: This article is informational only. It does not provide legal advice and does not create an attorney-client relationship. For advice about your specific situation, talk with a licensed Montana attorney who can review the deeds, probate file, survey, and chain of title.