After a DNA test, the man claiming to be the brother of Sherman Hemsley tested positive, but because the results were submitted late, the court may dismiss his claim, according to the law offices of Mark T. Davis.

As KFOX14 previously reported, the beloved actor from the sitcom "The Jeffersons" died July 24 of lung cancer. Since then, his will and his body have been contested, and his remains continue to be stored at an east El Paso funeral home.

Richard Thornton was ordered to undergo a DNA test and submit his results by Oct. 15. Davis said he complied five hours after the hearing, but the funeral home delayed the testing. The funeral home was supposed acquire hair samples from Hemsley.

Davis said the DNA results had to be submitted within 15 business days per court order, and the entire process took more than 21 days. Because the results were not submitted on time, the judge will not consider the results, Davis said.

Davis is asking for a rehearing.

Judge Patricia Chew postponed Hemsley's case until Nov. 9, 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.