Legal Question in Wills and Trusts in Texas

Yes. He can be evicted. This assumes you probated the will.

Step one: apply for probate of the will.

Step two: once letters are issued, deed the property to you and your brother. If it's a muniment, file with the appropriate county.

Step three: file a forcible entry and detainer for the uncle. Be prepared for him to claim adverse possession.

Dave

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Both excellent answers. Solving your problem definitely begins with having the Will admitted to probate, a step I suspect hasn't taken place yet. As Mr. Leon points out, I'd be ready for some opposition. Situations like this are fairly well-known to produce all sorts of claims from the other side (e.g. there's another Will, she gave the house to me before dying, I spent a fortune caring for her, adverse possession and others.) Don't attempt this on your own. You won't be happy with the time that it takes or the result of your solo efforts. Having an attorney deal with your uncle greatly improves your odds of success without significant headaches.