CASS LAKE, Minn. (trfnews.i234.me) — Two brothers are asking a Beltrami County judge to reopen their brother’s grave following allegations of a funeral home mix-up.
Aaron and Andrew Fairbanks want to confirm whether their brother, Brian Fairbanks, is buried at Sugar Bush Cemetery near Cass Lake.
The brothers filed their petition November 3, 2026, after learning about alleged problems involving several caskets.
A court hearing is scheduled for Monday, November 16, at 3 p.m.
Family Questions What Happened After Burial
Brian Fairbanks died April 9, 2026, at age 31.
His family buried what they believed were his remains at Sugar Bush Cemetery on May 21.
According to the petition, the family did not open the casket during the graveside service.
Two days later, a relative reportedly learned that workers were removing a casket from Brian’s grave.
Brian’s aunt, Amanda Fairbanks, described visiting the cemetery in a sworn statement.
She said she saw someone she believed was a funeral director from Northern Peace Funeral Home.
According to her statement, the man told her the funeral home had buried the wrong body.
She also described workers removing a black metal casket and placing a brown wooden casket into the grave.
Second Cemetery Incident Raises Questions
The petition describes another alleged casket problem at White Earth Cemetery on May 23.
Another family had purchased a black metal casket, but a brown wooden casket reportedly arrived.
Family members requested that the casket be opened.
According to the petition, the person inside was not their deceased relative.
One family member reportedly recognized the body as another man whose funeral the business had handled.
The funeral home allegedly removed the casket and rescheduled the service for the following day.
Cremated Remains Add to Mystery
The petition raises additional concerns about cremated remains reportedly provided to another family.
Those relatives allegedly received what they were told were their loved one’s ashes on May 22.
However, the petition claims his intact body was identified inside a casket the following day.
The brothers believe opening Brian’s grave could help establish whose remains are buried there.
The allegations have not been established by a court.
Family Requests Urgent Court Hearing
The brothers requested an expedited hearing because freezing winter conditions could make excavation more difficult.
The petition includes three sworn statements supporting their concerns.
However, statements from the other families involved were not attached to the filing.
The brothers’ attorney also serves as a licensed funeral director and has experience with exhumations.
The proposed process would include independent licensed funeral directors as witnesses.
The filing does not include a response from Northern Peace Funeral Home.
Judge to Consider Exhumation Request
Under Minnesota Statute 149A.96, courts consider several factors when deciding whether reasonable cause exists for disinterment.
The petition states there are no known objections to the family’s request.
The court has not yet decided whether the grave may be opened.
It remains unclear when an exhumation would occur if the judge grants the petition.
Readers can search case 04-CV-26-2779 through Minnesota Court Records Online.
Brian’s family hopes the court proceedings will establish where his remains are located.
I’m Adrian Cole reporting for TRF News.
Copyright 2026 TRF News. All rights reserved.
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