Grieving families left in limbo after the state takes over 5 cemeteries
RALEIGH, N.C. (WTVD) -- Families say they are left in limbo after the owner of several Triangle cemeteries didn't provide them the closure they paid for.
Every week, Calvin Winston visits his family's gravesites at Carolina Biblical Gardens in Raleigh. "My mother and brother are here, and my father and sister are over here," he explains to ABC11 Troubleshooter Diane Wilson.
However, at his mom Sally's resting spot there was no memorial marker despite Winston saying the marker was paid for when she died more than a year and a half ago in June of 2023. He adds, "This is really ridiculous. I don't know how long it should make a marker, but I imagine it wouldn't take more than 90 days."
Winston says he's tried to get answers from the cemetery's management but is just told, they're looking into it.
"I'm pretty sure I'm not the only one that's going through this, and I just feel like if there are others, they should reach out and get their situation straightened out, too."
Other complaints
One Raleigh mom reached out to ABC11 Troubleshooter saying she's been waiting more than three years for her son's headstone. Another viewer also reached out saying they have been waiting more than two years for the memorial marker they ordered.
Besides Carolina Biblical Gardens, Troubleshooter reporter Diane Wilson has received complaints from people with loved ones at Oak Grove Memorial Gardens in Durham, Brier Creek Memorial Gardens, Chapel Hill Memorial Gardens and Greenlawn Memorial Gardens in Fuquay Varina all were owned by Landguest Legacy. The North Carolina Cemetery Commission, which is responsible for the regulation and supervision of cemeteries in the state, has heard complaints since 2022 about the owner of the five cemeteries, Kyle Corkum of Landquest Legacy.
According to the commission's minutes, the commission has requested action from Corkum for failing to maintain the perpetual care and maintenance trust funds. The commission also heard complaints that Corkum didn't deliver memorial markers to several families that paid in full.
Ryan Walsh, the owner of Capital City Groundskeeping complained about Corkum to the NC Cemetery Commission. He said, "Things started getting behind he would make half payments." Walsh says his company provided landscaping to all five of Corkum's cemeteries and is owed about $11,000 currently for work his company has done at the cemeteries.
"For me as a business owner, I think what is more important is to get these families taken care of that have paid for services."
In May of 2024, Corkum's attorney did ask the cemetery commission during a special meeting to use the excess trust deposits to pay Landquest financial obligations, which included delivering customer orders. Instead, due to violating the Cemetery Act, the NC Cemetery Commission says they asked the courts to have a receiver take over the five cemeteries, and the courts granted receivership in the summer of 2024.
A representative for the NC Cemetery Commission provided a statement that said in part, "The court-appointed receiver is currently reviewing available records to fulfill outstanding orders, such as markers, for customers who have already paid in full. We advise any consumers with concerns, particularly regarding marker orders, to file a formal complaint with our office. These complaints are communicated to the receiver, who is prioritizing them as resources allow. While the Commission's powers under the Cemetery Act are limited, one of our core functions is ensuring cemeteries that accept advance payments are licensed, inspected, and adhering to legal obligations. Any withdrawals from the cemetery's trust accounts require proof of delivery and Commission approval. Although operating funds were depleted when receivership began, regulated trust accounts remain intact to protect consumers' interests. The fulfillment process may take time, but we are committed to ensuring that consumers receive the goods and services they were promised."
An attorney for the cemetery group's owner Kyle Corkum responded to ABC11's request and wrote in an email:
"Mr. Corkum wants to express his sincere regret that purchasers of memorials have been either undelivered or delayed. He does not know whether these persons placed their orders before or after a receiver was appointed to take control of the operations and finances of his cemetery company, nor does he know why the receiver has not used the assets of the cemeteries to fulfill these orders, especially since the companies had access to sufficient assets to fulfill these orders when the receiver was appointed." When it comes to what happened to customers payments they made on the memorial markers that are still not in place, Corkum's attorney states, "Mr. Corkum does not know because he does not have access to the cemetery company's financial records, but he does know that he never personally received any memorial funds and never directed anyone to use these funds for anything other than the purpose of fulfilling memorial orders."
Meanwhile, families remain in limbo
As for Calvin Winston, who is caught in the middle of it, he says, "I just feel like they should do exactly what they are supposed to do."
After Wilson started asking questions about Winston's marker at Carolina Biblical Gardens, it took some time, but his mom's memorial marker was ordered and now sits marking her final resting spot. Winston says it's a relief. "It means a lot because my mother was my best friend. She taught me basically everything that I know, and I just want to give her final respect as far as having this marker placed on her gravesite."
A representative with the NC Cemetery Commission also added this statement, "This is also a great opportunity to encourage consumers to remain diligent about retaining transaction documentation to ensure their purchases are properly accounted for, especially for transactions occurring over extended periods or during times of grief. We encourage anyone with unresolved issues to visit our website and file a formal complaint, providing as much documentation as possible. We are committed to continuing work with the receiver to resolve these matters and are grateful to the consumers who initially raised concerns."
