Attorneys for the executor are not fiduciaries. Attorneys for the executor get paid from the estate but only after court approval of their fees. Any beneficiary of the estate can file their objections to the reasonableness of the fee request. Statutory fees are reasonable by law.
Since the executor hired the lawyer, the lawyer's duty is to his/her/their client (the executor.) If the family needs to sue the executor, the family would have to hire its own attorney. It would be a good idea to hire a probate litigator to see if your concerns rise to the level of a breach of the executor's duties or if the decisions made by the executor fall within the discretion given to executors in some situations.
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