EL PASO — It's been two months since Jefferson's star Sherman Hemsley passed away, and his body is yet to be buried.
Hemsley's body remains at a morgue while his family and the executer fight over his burial.
Executer Flora Bernal, according to his will, said court was the last place she would ever be, disputing over her best friend's body.
"It's hard to try to sit and speak up when all I have is sherman on my mind right now," Bernal said.
Sherman Hemsley's will states that Bernal is the executer. His family challenged Bernal and the will.
Bernal says she never heard hemsley talk about family and in interviews he said he didn't have one. Now a judge has ordered a DNA test on both Hemsley's alleged brother and hemsley.
"My understanding is that they're going to collect a sample from him," Bernal said. "There has to be a specific chain of custody in order to make sure the sample that's collected is indeed the one that's gonna be tested."
Bernal said Hemsley wanted to be buried in El Paso, his home for the past two decades.
But Hemsley's family, his alleged brother and nephew believe he should be buried near his family in Pensylvania.
Hemsley's family declined to speak on camera, but in court they said they think the will is suspicious because it was made just a month before Hemsley died. On the stand, Hemsley's nephew Robert Thornton said Hemsley's signature looks like it was traced.
The family has until Oct. 15 to do the DNA test.
The next hearing was scheduled for Oct. 31, and the judge said there will be no more continuances.