Thank you for your question. I look forward to working with you to provide you the information you are seeking.
If the executor misuses the estate for his personal use, then this is a breach of fiduciary duty to the estate. This is grounds to seek to remove the executor from being executor for the breach of duty. The attorney you spoke to is correct about damages in that if no actual damages come to the estate property as a result of their actions, then there is no penalty or even criminal charges for theft that can be brought against the executor at this point because the estate has yet to lose anything. Once there is an actual loss to the estate, then the executor could be sued in civil court and could be charged with theft from the estate.
For now, the beneficiaries can pursue the executor to have them removed from the estate for breach of fiduciary duty in encumbering estate property for personal gain or benefit.
Thank you so much for using JustAnswer.com. I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.
Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.
Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.