Legal Question in Wills and Trusts in Texas

That depends on several things, including whether or not your mother's Will has been admitted to probate, what that documents says, how the home was owned, and what exactly the family member's obligations are.

A good answer really begins and ends with your mother's Will, and whether or not the document has been admitted to probate. Many clients mistakenly assume that they are the executor simply because the document says so. This simply is not the case, as the Court must actually appoint you to the position before you hold any authority under it. Once appointed, it might not just be an option, but a practical requirement that you evict the family member resident.

Your best course of action is to contact a probate attorney in your area to discuss the issue in some greater detail.