[Jarce]

Mom has died, left Will allowing 2 siblings to live rent free, with the condition that house is maintained and she (mom) did not want anyone else to live there w/o permission of remaining siblings. In essence mom did not want a specific person in mind who was unstable due to drug use and criminal history who was dating one of my siblings. What can one do to enforce will? Call police, show them the will? The Will allows siblings 45 days to move out if conditions are not met.

[Jarce]

What is the process of executing a Will? Mom has died and left a Will. One of the children is the executor of the will.

[ScottGem]

The person named as executor has to file the will for probate. The executor should contact the local probate court or an attorney for particulars.

In this case, its pretty much essential to file for probate and have the executor acknowledged by law. If the siblings granted rights to live in the house are not following the terms of the will, then their rights can be terminated and they can be evicted. But only the executor can do that.

The executor, once acknowledged by the probate court, can then send the sibling in violation a notice to vacate within 45 days under the terms of the will. If the sibling does not vacate, then an eviction order can be filed for.

It is possible the sibling can forestall the eviction by removing the person being objected to. Another issue is whether the siblings are set to inherit the house. If so, as owners, they may not be evictable. In fact, that provision of the will may be contestable.

[joypulv]

This almost sounds like a will written without benefit of a lawyer. That's OK, as long as it follows the laws of your state (if this is the US). For instance in my state it has to be witnessed by two people in front of a notary, or if not notarized, the probate court will get notarized affidavits from the two witnesses, which slows the process down. But as ScottGem said, the way this is presented could be problematic, legally.