Former 'Jefferson's' star and longtime El Pasoan, Sherman Hemsley died on July in his east side home from lung cancer.

Ever since then, he has been in a freezer in an east El Paso funeral home.



He hasn't been buried because of a legal claim on his estate by a man who said he was Hemsley's brother.

Richard Thorton showed up after Hemsley died and said that because he was Hemsley's brother, he had the right to decide where he should be buried, and the right to his money.

Hemsley's longtime girlfriend said that Hemsley had always said he was an only child, something he also said in published interviews, but the case went before a judge, and yesterday, it was revealed that DNA tests proved that Thorton is indeed Hemsley's half brother.

So that means, Hemsley should be laid to rest along with questions about his estate, right?


The El Paso court that is hearing the case will not accept the DNA test results because they were submitted too late, and the court may dismiss Thorton's claim to Hemley's body and estate.
Thornton's lawyer said they followed the court orders for the DNA test on him, but the funeral home where Hemsley's remains are being stored, was supposed get hair samples from Hemsley, but didn't do it in time to comply with the court order.

Now, Thorton's lawyer says he will ask for a new trial.
The judge has postponed the case until November 9th, when it will be decided if Hemsley's will is valid and who has the right to determine where he will be buried or cremated.

getty images/Frederick M. Brown