My mothers estate is still not settled after 5 years, to litigate the executrix who pays the costs?

Typically in an action against an estate, the attorney's fees are paid form the estate assets.  If in this case, you think the problem is some form of malpractice on the attorney's part, you can bring that as a separate action.  Five years is too long to resolve the estate.  You should put something in writing, and send it certified mail to the attorney to get an answer.