What can a state attorney general do when a cemetery is mismanaged and its perpetual care fund is drained?

Official title

A.G. BRADY FILES ACTION AGAINST RIVERVIEW CEMETERY

Plain-English summary

Delaware's Attorney General announced that the Department of Justice's Consumer Protection Unit filed a civil lawsuit in the Court of Chancery against Riverview Cemetery Corp., several Odd Fellows organizations, and the Pennsylvania Knights of Pythias, alleging years of neglect and mismanagement of the cemetery. According to the announcement, the fund meant to permanently maintain the cemetery had been almost entirely drained by the defendants, and basic maintenance and groundskeeping had been neglected or abandoned altogether. The announcement stated that people who bought grave sites or burial services weren't told how bad the problems at the cemetery had become, and that promises to properly maintain existing graves went unfulfilled. Roughly forty-five families had filed complaints with the Attorney General's office. In one case described in the announcement, a widow's husband was buried at Riverview two years earlier, but the cemetery apparently buried him in an unmarked grave and recorded the wrong location, leaving her unable to find where he was laid to rest, with his headstone left propped against a tree. The lawsuit sought an injunction, a full accounting of the cemetery's finances, appointment of a receiver to take over its management, restitution for affected families, and costs, fees, and penalties.

Currency note

This announcement was issued in 2001. It describes the filing of a lawsuit, not its outcome; subsequent court rulings, settlements, or later developments may have changed the situation described here. Treat this page as historical context describing the case as it stood at filing, not a current status report or legal advice. Verify the case's current status before relying on anything stated here.

Common questions

Q: What government office handles complaints about a mismanaged cemetery in Delaware?
A: Based on this announcement, the Delaware Attorney General's Consumer Protection Unit investigated complaints from Riverview Cemetery families and pursued a civil enforcement action in the Court of Chancery.

Q: What is a "perpetual care fund" and why does it matter for a cemetery?
A: The announcement described the perpetual care fund as money meant to support the cemetery's ongoing maintenance; it alleged that fund had been almost completely depleted by the defendants, leaving little to pay for the upkeep buyers were promised.

Q: What remedies can a state seek against a cemetery operator accused of neglect?
A: According to this announcement, the state sought an injunction, a full accounting, a court-appointed receivership to take over management, restitution to affected consumers, and costs, fees, and penalties.

Q: If someone believes a Delaware cemetery isn't honoring its maintenance promises, who can they contact?
A: This announcement doesn't provide a general complaint process, but it shows that dozens of affected families reported problems to the Attorney General's office, which led to this enforcement action.

Source

• Landing page: https://attorneygeneral.delaware.gov/2001/01/31/a-g-brady-files-action-against-riverview-cemetery/

Original opinion text

Contact: Todd Hallidy

Phone: (302) 577-8314

(Wilmington, DE) — Attorney General M. Jane Brady today announced that the Consumer Protection Unit has filed a civil enforcement suit in the Court of Chancery in connection with neglect and mismanagement of the Riverview Cemetery. The suit specifically names Riverview Cemetery Corp., some local and state Odd Fellows organizations, and the Pennsylvania Knights of Pythias as defendants.

According to the complaint, Riverview Cemetery was seriously neglected and mismanaged by the defendants during the last five years. Among other things, the Perpetual Care Fund supporting the cemetery was almost completely depleted by the defendants, and maintenance and grounds keeping obligations were neglected or abandoned. Consumers purchasing grave sites or burials at Riverview were not told of the severity of the problems at Riverview, and promises to properly maintain existing graves were not kept.

Approximately forty-five families have filed complaints with this Office involving these various issues. In one extreme instance, a consumer complained that her husband was buried at Riverview two years ago, but Riverview apparently buried him in an unmarked grave, and incorrectly recorded the location of the grave. To this day, the widow is unable to find her husband’s grave, and has not been able to properly mourn him. His headstone remains propped against a tree.

“When these complaints are considered collectively, this situation is deplorable,” said Attorney General M. Jane Brady. “Some families have been unable to appropriately mourn their relatives, and all of the families deserve, and were promised, a well-maintained resting place for their loved ones.”

The suit seeks an injunction, a full accounting, the creation of a receivership, restitution, costs, fees and penalties.