Family Law Questions? Ask a Family Lawyer Online.
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.