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LAKE COUNTY AUDITOR v. BURKS

No. 45S03-0306-CV-00282.

802 N.E.2d 896 (2004)

LAKE COUNTY AUDITOR, Appellant (Defendant below), v. Lonnie BURKS, Appellee (Plaintiff below).

Supreme Court of Indiana.

February 4, 2004.

Attorney(s) appearing for the Case

Edward R. Hall, Merrillville, IN, Attorney for Appellant.

David Paul Allen, Hammond, IN, Attorney for Appellee.

BOEHM, Justice.

The Lake County Auditor sold the home where Lonnie Burks lived to satisfy delinquent taxes on the property. The property brought a price greater than the delinquency and Burks sued for the surplus. Burks was not the record owner. Rather, she was intestate heir and a beneficiary of the unprobated will of the deceased record owner. We hold that a person is not required to be the "record owner" of the property to claim the surplus from a tax sale if he...

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