I remember seeing on tv two ladies that took their breeder to court because the poodle mixes grew to be 12 lbs when they were sold and advertised as "teacup" puppies. It turns out the puppies were 2 lbs overweight each, and the breeder said that the puppies were "teacups" as puppies but wouldn't be "teacups" as adults. The judge ruled that although the breeder was misleading in her advertising, it would be unfair to determine the size of any living being when it is only 12 weeks old. Both dogs were healthy, although slightly overweight, which was the new owners fault.
Although an educated guess can be made when a puppy is 12 weeks old, it is nothing more than a guess. If you, OP, and your mom are very determined to get a smaller yorkie, please consider adopting an adult.
__________________ Littlest JakJak 
We miss you Kaji 
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