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

  • Super Lawyers (2019 to Present)
  • Super Lawyers: Rising Stars
  • Best Lawyers in America®
  • Who’s Who in Estate Planning and Probate Law – Minnesota Law and Politics
  • Notable Partners in Law (2025) – Twin Cities Business
  • Top Lawyers – Minnesota Monthly

“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.

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News About David

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November 2026

FMJ Named to 9 Best Law Firms Lists for 2027!

Including 7 Tier 1 rankings! Thank you for your continued support. Read more

August 2026

FMJ Receives Multiple Legal 500 Rankings!

FMJ's rankings include Corporate, Commercial, M&A, Commercial Disputes (Litigation), and Real Estate Law. Read more

August 2026

The College Checklist Item Most Families Forget: Essential Legal Documents for Young Adults

Once a child turns 18, they are legally recognized as an adult, and parents are no longer entitled to access their child’s medical or... Read more

July 2026

14 FMJ Attorneys Selected for the 2026 Super Lawyers and Rising Stars Lists!

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

July 2026

24 Fafinski Mark & Johnson Attorneys Included on Minnesota Monthly’s 2026 Top Lawyers List!

24 attorneys are listed across 13 different practice areas. Read more

June 2026

FMJ is Proud to be a Star Tribune Top Workplace!

FMJ is one of just nine law firms to make the list across all industries and employers in Minnesota. Read more

May 2026

Keeping the Peace: A Guide to Succession Planning for the Family Cabin in Minnesota

Without succession planning, the family cabin can be a source of significant stress and conflict when the owner passes away. Read more

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