(Trinidad Guardian) A woman, who obtained an injunction stopping the funeral of her estranged husband due to a dispute with his alleged caregiver over control of his estate, has been given conduct over his funeral arrangements while the lawsuit over the issue is being pursued.
On Tuesday, High Court Judge Ricky Rahim granted an order restraining Magdalene Roderique, also known as Theresa Rodriguez, from disposing of Lawrence Mark’s body pending the determination of a case brought his wife Jennifer Vidale-Mark.
Following a virtual hearing of the lawsuit before Justice Rahim, yesterday morning, the body was released by David Guide and Sons Funeral Services to Vidale-Mark and her children and Roderique undertook not to take steps to meddle in Mark’s estate pending the determination of the lawsuit.
In a consent order entered in the case, Roderique also agreed to hand over Mark’s documents including his passport, bank cards, and driver’s permit that were in her possession.
Mark, who was suffering from prostate cancer and diabetes mellitus, passed away last Thursday.
Vidale-Mark claimed that they were married in 1981 and lived together continuously until May 2018, when he left their home to live with his brother in Sangre Grande.
She claimed that her husband, with who she had four children, filed for divorce in May 2019 but the petition was dismissed as he had not proven that they were living apart for the requisite period.
She claimed that on the day Mark passed away, they were visited by Roderique, who informed them that he died and that she was handling his funeral arrangements.
“I heard my daughter ask her how is that possible for her to handle my husband’s funeral when he is a married man with children to which the individual responded and said, “all of that changed now.” I have never seen Theresa before,” Vidale-Mark said in the document.
She reported the incident to police, contacted her lawyers, and went to several funeral homes in search of her husband’s body.
She later found out that it was being kept by David Guide and Sons Funeral Services.
However, the company refused to release his body without Roderique’s approval and the payment of $5,000.
Vidale-Mark claimed that she received confirmation that Roderique had removed funds from her husband’s credit union accounts.
“In an attempt to collect National Insurance Death benefit at the National Insurance Board I was advised that Roderique has already collected same and I cannot understand how she was able to do this as I have been advised by my attorneys and verily believe same to be true that such a benefit is only made to the wife or cohabitee of a deceased person, none of which Roderique is,” she said.
She said that he heard that her husband left a will with Roderique named as the executor and beneficiary but claimed that she had not seen or heard about it before Roderique introduced herself after her husband’s death.
Vidale-Mark is being represented by Farai Hove Masaisai, Jennifer Farah-Tull, and Bernelle-Joy La Foucade.