What happens if the survey shows the property was conveyed out of my mother’s estate decades ago and I have no interest? (WI) | Wisconsin Probate | FastCounsel
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What happens if the survey shows the property was conveyed out of my mother’s estate decades ago and I have no interest? (WI)

August 11, 2025 5 min read

Detailed Answer

Short answer: if a current, recorded deed shows the property was conveyed out of your mother’s estate decades ago, you most likely no longer own the property. But there are important exceptions and steps to take before you assume you have no legal remedy.

What the recorded deed usually means

A recorded deed that purports to transfer title from your mother’s estate to someone else typically cuts off any ownership interest you might otherwise claim through the estate. Recording a deed gives public notice of the transfer, and a later attempt to claim title will face that presumption. In Wisconsin, actions to resolve competing claims to land are handled under the statutes that govern actions affecting title to real property. See generally Wisconsin Statutes, Chapter 842: https://docs.legis.wisconsin.gov/statutes/statutes/842.

When you may still have a claim

Even with a decades-old deed, you might have a legal claim in these common situations:

  • Fraud or forgery: If the deed was forged or obtained by fraud, it may be void or voidable. You can seek to set aside the conveyance.
  • Lack of authority: If the person who signed or delivered the deed lacked legal authority (for example, an executor acted outside court authority), the conveyance may be invalid.
  • Improper probate procedure: If the estate was never properly probated or distributions were made in violation of probate rules, relatives sometimes have remedies against the estate or the parties who took title.
  • Recording defects or clerical errors: A deed could have been recorded with errors that create a cloud on title you can clear.
  • Title insurance or latent defects: If a title insurance policy covers the chain of title, you may have a claim against the title insurer for covered defects.

Time limits and practical hurdles

Many challenges to old conveyances face strict time limits. Wisconsin’s statutes of limitation for actions affecting real property can bar claims brought long after a conveyance. See Wisconsin Statutes, Chapter 893 (Limitations): https://docs.legis.wisconsin.gov/statutes/statutes/893. The longer the deed has stood unchallenged, the harder it usually is to overturn.

Typical legal remedies

Possible legal remedies include:

  • Quiet title action (to declare who owns the property and remove clouds on title). See Wis. Stat. ch. 842 for actions affecting title.
  • Action to set aside a deed for fraud, forgery, undue influence, or lack of authority.
  • Claims against an estate administrator or executor for improper distributions if probate was recently administered incorrectly.
  • Title insurance claim if a policy exists covering the time of conveyance.

Practical next steps

If the survey or title work shows a conveyance out of your mother’s estate, take these steps:

  1. Obtain a certified copy of the recorded deed and the grantor/grantee index entry from the county register of deeds.
  2. Get the probate file: find out whether the estate was opened in probate court and obtain the probate record and final account.
  3. Order a full title report or run a chain-of-title search back to your mother’s ownership to see when and how title changed hands.
  4. Check for title insurance policies or other documents that might affect rights (wills, court orders, administrator’s deeds).
  5. Talk with a Wisconsin lawyer who handles probate and real estate title disputes. Time is often critical—do not assume you have unlimited time to act.

Example (hypothetical)

Suppose a 1980 deed recorded in 1982 shows the estate’s administrator sold the house to Buyer A. If the administrator had court authority and the sale process complied with probate law, Buyer A likely owns the house today. If, however, the administrator lacked court approval or forged your mother’s signature, a court could cancel the deed—but you would need evidence and might face limits on how long you can bring a claim.

When to accept the conveyance and when to fight

Accepting the recorded conveyance may be reasonable when records show a valid probate administration and a properly executed deed. Consider litigation only when you have a colorable legal ground (fraud, forgery, lack of authority, clerical error) and the potential recovery justifies the cost and time. A title company or probate/real estate attorney can help weigh the practical and financial considerations.

Where to find relevant Wisconsin law

Key statute chapters to review include:

Disclaimer

This article explains general legal concepts under Wisconsin law only and is not legal advice. Every case depends on specific facts. Consult a licensed Wisconsin attorney promptly to review the deed, probate records, and title documents if you believe you may have or have lost an interest.

Helpful Hints

  • Get certified copies of the deed and probate file from the county recorder and probate court before you speak to anyone else.
  • Order a title search or title commitment to see what exceptions or clouds exist.
  • If you find a title insurance policy, contact the insurer quickly — your claim may have time limits.
  • Act sooner rather than later. Statutes of limitation can bar claims even if the deed looks suspicious.
  • Keep detailed notes and copies of all documents: dates, names, and recording references are crucial evidence.
  • Ask an attorney about alternatives to litigation, such as negotiation with current owners or mediation.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.