More than a year after actor Sherman Hemsley was buried, the fight over his estate and remains continues.
Now, the Eighth Court of Appeals, which had a hearing the matter Thursday, will have the final say on who gets Hemsley's estate.
Richard and Robert Thornton, Hemsley's family members, are appealing a 2012 decision that upheld the will of Hemsley and gave his estate to his friend and business partner Flora Isela Enchinton Bernal. As part oof the appeal, lawyers for both sides gave oral arguments on Thursday.
The Eighth Court of Appeals justices will take both arguments into consideration. A ruling could take several weeks or months.
Hemsley, famous for his portrayal of George Jefferson in the sitcom "The Jeffersons," died from lung cancer in July 2012.
His funeral was delayed until November because Richard Thornton, his biological half- brother from Philadelphia, took Enchinton to court over the estate and the right to bury him.
Judge Patricia Chew ruled in 2012 that Enchinton was the proper beneficiary.
On Thursday, the Thornton's lawyer, James D. Lucas, said it was "disturbing" that Enchinton, not Hemsley, called Julian Horwitz, the lawyer who drew up the will, to write up the will.
According to testimony in the probate hearings, Enchinton called Horwitz and then Horwitz met Hemsley and read him the will in the hospital.
"The way the will was executed should raise some concern," Lucas said in court. "Mr. Hemsley wanted to do it very fast. So was it read to him in three minutes, five minutes or more? He didn't know what was in the will."
But Francisco Ortega, lawyer for Enchinton, countered by saying five witnesses testified that Hemsley insisted that Enchinton receive everything.
"He repeatedly stated that he wanted Mrs. (Enchinton) Bernal to handle everything," Ortega said.
Lucas also argued that even if Enchinton was the beneficiary, that the Health Code states that Thornton should have decided where he was buried because they are related.
But Ortega said that code is "moot" since Hemsley has been buried at Fort Bliss National Cemetery and to dig him up would be disrespectful.
Aaron Bracamontes may be reached at 546-6156.