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Secretary of State’s Office Files Action Against Perpetual Care Cemeteries in Meridian
Meridian, MS— Secretary of State Delbert Hosemann filed action against perpetual care cemeteries, Magnolia Cemetery and Meridian Memorial Park, and cemetery owner, William E. Arlinghaus, in the Chancery Court of Lauderdale County today.
This complaint was filed requesting the Chancery Court to authorize the appointment of a Receiver for Magnolia Cemetery and Meridian Memorial Park. The Receiver will conserve the assets of the business for the cemeteries’ perpetual care and preneed customers as well as comply with state law governing the operation of perpetual care cemeteries. In addition, the Secretary of State’s Office filed an application for a temporary restraining order against these perpetual care cemeteries and Mr. Arlinghaus to halt the sale of preneed policies.
“Care of the final resting place of our families is critical to us as a society,” says Secretary Hosemann. “Citizens need to know the funds they place in trust today will provide their care in perpetuity.”
Perpetual care cemeteries are required to remit fifteen percent (15%) of all ground burial sales and five percent (5%) of all mausoleum and niche sales to an irrevocable perpetual care trust. Miss. Code Ann. Section 41-43-37(1)(a)&(b). These percentages of collections on sales must be set aside and safeguarded under the management of a trustee for the long term care, maintenance, and upkeep of cemetery property for current and future generations.
Upon obtaining ownership of both Magnolia Cemetery and Meridian National Park in November 2011, William Arlinghaus has completely failed to remit to trust the collections for his sales for ground burials (15%) and mausoleum/niche sales (5%). After examinations were conducted by the Regulation and Enforcement Division of the Secretary of State’s Office, Mr. Arlinghaus failed to trust a total of $33,349.83 through October 2015.
In addition, the Secretary of State’s Office has received numerous consumer complaints alleging maintenance neglect of the property and undelivered memorial markers paid for by customers.
Congressman G.V. “Sonny” Montgomery is interred in the Magnolia Cemetery as well as numerous Meridian families.
