David's Bio

David Ness practices in the areas of estate planning, probate & trust administration, estate and gift tax controversy, tax-exempt organizations, and corporate law. David is the Chair of FMJ’s Trusts & Estates Practice Group, and he works with individuals and organizations in all aspects of estate planning, charitable planned giving, succession planning, and estate administration. In addition to representing individuals, charitable organizations, and corporate clients, David represents multiple nations in estate and trust administration cases arising in the Midwest. He also has extensive experience representing tax-exempt organizations, including serving as Outside General Counsel for a major fraternal insurance organization headquartered in the Twin Cities.

David was named to the Super Lawyers Rising Stars list in 2006, and he has been named to the Super Lawyers list every year since 2019. David has also been named to the Best Lawyers in America® list, and he has been featured in “Who’s Who in Estate Planning and Probate Law” by Minnesota Law and Politics. David is a frequent speaker on topics such as estate planning, taxation, and business succession.  In addition, he is a contributor to radio and television programs such as “The Law Show” on WCCO 830, News Talk AM 1130, the Cities 97 Morning Show, and KARE 11 Sunrise.

David M. Ness

Rated by Super Lawyers

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Gustavus Adolphus College (BA 1991)
Thomas M. Cooley Law School (JD 1998)

State of Minnesota (1998)

  • Member, American Bar Association, Real Property, Probate & Trust Law Section, and Tax Section
  • Member, Minnesota State Bar Association, Probate and Trust Law Section
  • Member, Hennepin County Bar Association
  • Member and Past President, Association of Fraternal Benefit Counsels
  • Former Member, Board of Directors of the American Heart Association

“I believe that successful legal representation begins with a close professional relationship with the client and an accurate determination of the client’s goals and objectives. The next step is to accomplish those measures with practical solutions in the most efficient manner.”

Dave and his wife Vicki live in the western suburbs and have three kids in college. Dave is an avid pickleball player and golfer. He enjoys spending time with family at the cabin.

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News About David

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June 2024

Chambers and Partners Selects FMJ for Multiple 2024 Rankings!

FMJ is excited to announce its 2024 Chambers rankings for Corporate/M&A and Aviation! Read more

May 2024

Cabin Planning and the Corporate Transparency Act

Why you need to review your cabin plan now! Read more

April 2024

Corporate Closings – Spring 2024

2024 First Quarter Transactions. Read more

March 2024

In Re Bremer: What Really Constitutes a “Serious Breach of Trust?”

Patrick Rooney and David Ness analyze In Re Bremer and its impact on the legal standard in trust disputes/litigation. Read more

November 2023

Q3 Transactions – Corporate and M&A

2023 Third Quarter Closings! Read more

August 2023

14 FMJ Attorneys Named to the 2024 Best Lawyers and Ones to Watch Lists!

We are proud to announce that 14 of our attorneys have been recognized in the 2024 editions of Best Lawyers in America® and Best... Read more

August 2023

Q2 Transactions – Corporate and M&A

FMJ recently closed a very busy second quarter for 2023! Here are a sample of our transactions from Q2. Read more

July 2023

16 FMJ Attorneys Named to the 2023 Super Lawyers and Rising Stars Lists!

We are proud to announce that 16 of our attorneys have been named to the 2023 Minnesota Super Lawyers and Rising Stars lists! Congratulations... Read more

June 2023

Chambers USA Selects FMJ for 2023 Corporate/M&A Ranking in Minnesota!

We are excited to announce that Chambers and Partners, a leading guide for identifying the top attorneys and law firms, has selected Fafinski Mark... Read more

April 2023

Q1 Transactions – 2023 is off to a Great Start for FMJ!

FMJ is off to a great start in 2023! Our Mergers & Acquisitions, Real Estate, Banking & Financial Institutions, and General Corporate & Business practice groups have handled... Read more

January 2023

2022 Corporate Transactions Summary

Thank you for making 2022 another great year for FMJ’s Corporate and Business Practice Groups! Our Mergers & Acquisitions, Real Estate, Banking & Financial Institutions, and General... Read more

December 2022

Happy New Year from FMJ!

Happy Holidays, and THANK YOU from all of us at Fafinski Mark & Johnson. We are honored to be a part of your home... Read more

December 2022

Preview of 2023 Estate Tax Exemptions and What to do Now

2022 is drawing to a close, and the end of the year will be here before we know it. There are some estate tax... Read more