Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your question.
The executor (your mom) has a fiduciary and court-ordered duty to administer the estate, distribute property, etc., so she really has no choice but to execute any necessary documents to transfer title from the estate of your aunt to the beneficiaries in the will.
Thus, if your mother refuses, the attorney for the estate (the attorney is NOT your mother's attorney) can and should file either (1) a motion to compel your mother to fulfill her obligations as executor, or (2) file a motion to remove and replace her as executor.
Either of these options are viable and can be done. You can contact the estate attorney and discuss this matter, but if your mother refuses to execute the documents, then the estate attorney should act.
You could also file something as the beneficiary, but that would be the second choice IF the lawyer refuses to act.
My mother is mentioned in the will also as having a right to remain in the residence as long as she wishes, however she has decided to move with a cousin in Houston and will be leaving the residence this weekend.
SO as beneficiary what can i do as far as making the transfer of the real estate property?
As the beneficiary, you don't have any right to make the transfer - but you are entitled to have the property transferred.
You would need to consult the estate's attorney and ask him/her to prepare the deed and have your mother/executor sign it. IF your mother refuses, the estate attorney would have to file a motion with the court and ask it to force/compel your mother to execute the deed or have her removed from that position.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).