Contesting

Frankly, I think it is a violation of the rules professional of conduct for attorneys to take a "will busting" on a contigency. I am not 100% on this issue, as it has never come up (for me) in 35 years.
I also think there is a distinct chance that if an atty did , s/he might violate rule 1.5 ( excessive fees).
I will have to research this one.

Are you asking because you do not think that the heirs would share as if there was no will?

In addition, unless he was not of sound mind or coerced, there might not be a basis for will busting.
He may have not understood what would happen if he didn't changethe will after you mother passed.
He may have meant ALL heirs. You stated that the "others" believe he accidently left out one nephew. Since he didn't mention him at all, that might be something to hang a hat on.

Did the atty you consulted mention anything about accidently leaving out one nephew, did you bring that up?

I will have to take a look at ND case law ( that shouldn't take long : ) , just kdding, small state pop. ya know; less case law)

This is the attorney handling the estate. He just told me and my sister i am not a heir of the estate. And if we didnt like it we should get an attorney. So do i need to go to the executor. Dont feel comfortable talking to her. Whenever i talk to the attorney his answers are short and to the point.
This same attorney made the will in 1997. Is it worth asking him what you said or better to get another attorney involved.

I see, he drafted a crappy will, and now he is defensive because he knows the will is vague.
Do you have a negative history, with the executor or are you just uncomfortable because you feel 'greedy"?

I think you should get a copy of the will (if you don't already have a complete one, and go in with your sister and the other uncle and pay the 150 for another attorney to give you an opinion.

the choice of atty is critical. If you just get any joe blow, you are liable to get the same answer I gave you for free : ) . You need someone that has actually busted some wills in ND. All attorneys are presumed to be able to practice any type of law, but "knowing "theoretically and actually litigating a type of case is a huge difference. You need to get the most bang from your buck, a person that when you get your answer , one way or the other, you leave feeling confident in what s/he opined, was the surest answer you could have.

I will look around and see who I find, you can just mail a copy to the atty office , to save trip expense.

What is even as critical to the case, is testimony from friends and family about what people THINK he meant to happen. Since the idiot lawyer never counseled his client to change the will as people passed on, or even craft a codicil. A first year law student could have crafted a better will, after all what do you need a lawyer for if you write "all to my wife and her heirs" or something like that.
What do you think the testimony would be? do you thnk the F&F would say, he MEANT to disinherit his sisters kids? Meant to disinherit his nephew? Credible testimony will go along wway in assisting the probate court in the determining what he meant by "heirs"testimony

to further terrify you, please read this case.

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=ut&vol=supopin& invol=babilis

I cam across researching the contingency fee arrangement idea

Thanks for all your answers really appreciate it. So if i talked to the personal representative can she make that decision whether im a heir or what the will meant or is it up to the attorney. Also if that didnt work when i get an attorney this week if we decide to contest it. Could that scare them and they wont want to fight it cause i cant see them wanting to fight that. Wouldnt that take more money out of the estate then just including us. Also if we contest is it up to the heirs if they want to continue with the contest or just let us be included.