'Buried By the Bernards' funeral services under state investigation

2022-07-08 02:15:32 By : Mr. George Guo

Netflix-star business R. Bernard Funeral Services is under investigation by the Tennessee Department of Commerce and Insurance after allegations that the funeral service business mixed up the cremated remains of a client's loved one.

Memphis resident Donato Velasquez filed a complaint July 27 with the state's Board of Funeral Directors and Embalmers, accusing the "Buried By the Bernards" business of giving his family the wrong cremains, according to state documents obtained by The Commercial Appeal.

"Based on the way cremations are performed, we can assure (the Velasquezs) that these are the appropriate ashes, these are the right ashes," said Attorney Randall Fishman who represents R. Bernard Funeral Services.

But the Velasquezs are not so sure.

Anita Velasquez, Donato's wife, died Feb. 18 and, upon recommendation from Crossroads Hospice & Palliative Care, the Bernards' funeral services picked up her body for cremation, according to the complaint.

Anita Velasquez was cremated Feb. 23 at the Bernards' business, 2764 Lamar Avenue, the state documents said.

Alfred Velasquez, Donato's son, arranged for his mother's ashes to be placed in an urn provided by the family. He obtained the container with cremains inside on March 4, the complaint said.

"We never (opened) the urn until her birthday which was on July 19th, when we had planned on spreading her ashes (in Florida)," Donato said in the complaint. "Upon opening the urn we discovered two pieces of paper inside the bag of ashes. On the paper was information that was not my wife's."

Fishman said the funeral home cremates each body with a metal disk label to ensure the bodies are placed with the correct tags and the Bernards labeled Anita Velasquez's disk with 450.

The funeral home presented her ashes in a black box to the Velaquezs who requested the cremains be put into the family's urn, Fishman said. 

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The funeral home said it was unaware of someone else's label inside the urn provided by the Velasquezs and placed her ashes inside the container, according to a response by the business.

"We informed (Alfred Velasquez) that we accidentally placed another person's papers inside of the urn in error and apologized sincerely for our mistake," the Bernards' response said.

Fishman said the mix-up is a "very rare mistake in that industry."

The complaint said the Bernards offered to compensate the family for the incident but, according to the funeral home, Alfred Velasquez asked to be reimbursed $2,000 for memorial service expenses.

"We agreed to reimburse him for these expenses," the funeral home said in the response. "After this conversation, another person, who did not appear to be a family member, took the phone from Mr. Alfred Velasquez, said curse words, and hung up the phone."

Donato Velasquez, in the complaint, said the family did not agree to anything yet.

The state department said it could not comment on ongoing investigations.

"The funeral home has done everything they can do, they conducted the cremation appropriately and could identify the body by the tag number," Fishman said.

"I can say with certainty that (the Velasquezs) have the correct ashes." 

The Memphis funeral home stared in the Netflix series "Buried by the Bernards" following the Bernard family's domestic and professional lives.

The reality show kicked off in February with eight episodes showcasing the "bickering but big-hearted Bernards," as Netflix put it. 

Ryan Bernard, owner of the funeral home, began the service in 2017 and runs it alongside his mother Debbie Bernard, his uncle Kevin Miller and his two daughters Deja Bernard and Raegan Bernard, all featured in the Netflix original. 

Currently, the family has one season and Netflix has not made any announcements of a another season.