Beltrami County, Minn. – Two brothers are petitioning a county judge to order the exhumation of their brother Brian Fairbanks, who died on April 9 at age 31. The brothers claim a possible mix‑up by Northern Peace Funeral Home may have resulted in the wrong body being interred in the family plot at Sugar Bush Cemetery.

Petition details and hearing schedule

The petition, filed on Nov. 3, requests an expedited hearing on Monday, Nov. 16 at 3 p.m., citing concerns that winter frost could complicate any excavation work. The brothers say they buried what they believed was Brian on May 21, but the casket was never opened at the graveside service.

Alleged funeral home errors

According to a sworn statement from a relative who lives near the cemetery, a funeral director from Northern Peace Funeral Home was seen standing in the grave after workers removed a casket. The relative says the director told her the funeral home had buried the wrong body in Brian’s grave and that a brown wooden casket was then placed in the plot, while a black metal casket was removed.

The petition also describes a similar incident at White Earth Cemetery involving another burial handled by the same funeral home. In that case, the family had purchased a black metal casket, but a brown wooden one arrived. When the family opened the casket, they allegedly found a different man’s remains inside. The funeral home later removed the incorrect casket and re‑buried the intended relative in the black metal casket the following day.

Legal requirements and support

Under Minnesota law, an exhumation requires court approval for “just cause.” The petition notes there are no known objections and that the relative who controls the grave space supports the request. The brothers’ attorney, who is also a licensed funeral director experienced in exhumations, would be present along with other independent funeral directors serving as witnesses.

The filing includes three sworn statements – one from the relative who observed the cemetery activity and one from each brother. The brothers say their concerns stem from information provided by their aunt and attorney. No response from Northern Peace Funeral Home is attached to the petition.

Next steps

If the judge grants the petition, an exhumation could be scheduled, though the filing does not specify a timeline. The brothers hope the process will clarify whether Brian Fairbanks’ remains are indeed in the casket buried at Sugar Bush Cemetery.

Original reporting: KFYR-TV Bismarck (news) — read the source article.