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 several fraternal insurance organizations.

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 is also 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 was selected as a 2025 Notable Partner in Law, and he 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.

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 adult children. Dave is an avid pickleball player and golfer. He enjoys spending time with family at the cabin.

Videos

News About David

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December 2025

Change of Residency Considerations for Minnesotans

Thinking of flying south for the winter? Here are the realities of changing your Minnesota residency. Read more

December 2025

2026 Estate Tax Exemptions and Estate Planning Considerations

A look ahead at Estate Tax Rates and planning considerations for 2026. Read more

November 2025

FMJ Named to the Best Law Firms Lists in 8 Categories!

Including five Tier 1 rankings. Thank you for all of the support this year! Read more

November 2025

David Ness Selected as a 2025 Notable Partner in Law

Congratulations on this well-deserved honor, David! Read more

October 2025

Family Office Planning for Athletes and Business Leaders – FMJ Law Podcast Episode 38

Cameron Caprio joins the FMJ Podcast Crew to discuss Family Offices as a strategic planning tool. Read more

August 2025

18 FMJ Attorneys Selected for the 2026 Best Lawyers and Ones to Watch Lists

Congratulations on this well-deserved honor! Read more

August 2025

Estate Planning for College-Bound Children

Why incapacity planning matters at age 18. Read more

July 2025

Cabin Planning Part Two: Lifetime Transfers and Alternative Ownership Options

Cabin planning tools to use during an owner's lifetime. Read more

July 2025

Minnesota Monthly Selects 11 FMJ Attorneys for the 2025 Top Lawyers List

Congratulations to these 11 attorneys across 9 practice areas! Read more

July 2025

FMJ Attorneys Named to the 2025 Super Lawyers and Rising Stars Lists!

Congratulations to these 12 attorneys, and thank you for another excellent year. Read more

June 2025

FMJ Selected for Multiple 2025 Chambers and Partners Rankings!

FMJ is ranked on the USA-Minnesota Corporate/M&A list and the USA-Nationwide Aviation Transactions list! Read more

May 2025

Cabin Planning Part One: Transfer as Part of the Estate

Learn more about the ways a cabin or other property can transfer upon death of the owner. Read more

April 2025

Cabin Planning and Unique Asset Strategies – FMJ Law Podcast Episode 32

Learn more about passing the family cabin/property to the next generation. Read more

March 2025

Corporate Closings!

Spring 2025 Read more