A law suit pending... I need to find the land that he owns, but how?

[JustJoy]

Originally Posted by envz

Now my next question is how to file the next writ of execution. I have found a property owned by the grandpa, but I'm wondering how much proof I need to show that the grandpa and grandson are connected. I'm wondering how to find a will, or perhaps I need to investigate NC law.
Thanks again.

Hi envz, I thought you had an attorney (who filed the suit) and yes civil cases do take a while. I wish you a lot of luck, because civil law isn't easy and very state specific. Isn't there an attorney who is willing to work on a contingency basis or are they all wanting an hourly fee? JMO and you certainly can go it alone, but civil lawsuits are pretty complex as you're finding out. You have a lot of reading to do in order to proceed on your own and finding out about the content of any will that's usually not disclosed to the entire world is going to be challenging if not downright impossible. Though of course I'm not an attorney anywhere including NC, but . . . maybe now that you've found the property talk to one in NC (most give free initial consultations) about what you've found and what it would take to find out the contents of any will? Just a thought because none of us here are licensed to practice law. Best of luck.

[envz]

Hi Everyone!
Thank you for all of the great advice.
I'm trying to do all of this without a lawyer. My husband and I don't have the money to pay for one. Also, we spent about $2000 already and that didn't get us too far. After doing some amateur work on my own, I found a property owned by the defendant's grandpa who died 10/30/2007. I just called the county to see if anything was on file, but I was told that there were no records. I wanted to avoid driving over an hour to the county clerk office, but I may have to anyway. The tax records show the name and then word "heirs" at the end. Well, here's to more research. Our lawsuit was for about 30K. So, I'll do all I can on my own to file the writ properly.
Hope this made sense.
Thanks again.

[envz]

...maybe now that you've found the property talk to one in NC (most give free initial consultations) about what you've found and what it would take to find out the contents of any will? Just a thought because none of us here are licensed to practice law.

That is good advice. I could call the lawyer we had and tell him what I've found. Even though I feel like my husband I have made a lot of progress on our own, it is difficult to navigate next steps.
Thanks.

[envz]

Originally Posted by c21boquetebocasgold

Right and this is exactly what your attorney should be doing - worked for criminal and civil litigators for around 15 years B4 RE and as MaM pointed out, usually this is done before the suit is filed to determine if worth pursuing. Anyway, get your attorney on it to determine. Just curious, is he doing this on a contingency basis or hourly rate? Not really sure why the research wasn't done prior to the filing of a formal suit though JMO.

My goodness! It wouldv'e been great if the research was done first. Because I have no experience in this area, I'm not even sure if we hired a capable or qualified attorney anyway. Wow! Thank you for that.