R. David Marchetti

Member

David Marchetti practices primarily in the areas of wills, trusts, and estates, including planning, administration, and litigation.  He also practices in the areas of elder law, taxation and closely-held businesses. He has been a frequent lecturer on estate planning and probate issues for a number of organizations and institutions, including the Mississippi Bar Association, the Mississippi Bankers Association Trust Conference, Mississippi State University,  the Estate Planning Counsel, and the University of Mississippi.

David has served on the Trust Law Task Force Steering Committee organized by Mississippi Secretary of State, Delbert Hoseman, which worked to pass the Uniform Trust Code, the Qualified Dispositions in Trust Act, and other important legislation in the field of Trust Law, which David also helped draft.

David received a Bachelor of Accountancy Degree  from Mississippi State University and his J.D. from the University of Mississippi School of Law, where he served as Associate Editor of the Mississippi Law Journal. He earned his LL.M. in estate planning from the University of Miami School of Law.

Areas of Practice

• Wills, Trusts & Estates
• Elder Law
• Taxation
• Business Entities

Litigation Percentage

• 25% of Practice Devoted to Litigation

Bar Admissions

• Mississippi, 1989
• U.S. District Court – Northern District of Mississippi, 1989
• U.S. District Court – Southern District of Mississippi, 1989
• U.S. Court of Appeals 5th Circuit, 1989U.S. Tax Court, 1997

Education

• University of Miami School of Law
  • Coral Gables, Florida, LL.M.
  • Honors: magna cum laude
• University of Mississippi School of Law
  • Oxford, Mississippi, J.D.
  • Honors: magna cum laude
  • Phi Delta Phi
  • Magister, Phi Delta Phi
  • Law Journal: Mississippi Law Journal
    • Associate Editor, 1987 – 1989
• Mississippi State University
  • Starkville, MS, B.P.A.
  • Honors: summa cum laude
  • Major: Accounting

Honors and Awards

• Mid-South Super Lawyer – 2008-present and is also recognized as a 10 year+ Mid-South Super Lawyer
• Top 50 Mississippi Super Lawyer – 2012, 2013, 2014 and 2018
• Best Lawyers in America (Trusts and Estates, Closely Held Companies and Family Business Law) – 2013- present
• Best Lawyers in America- 2022 “Lawyer of the Year”
• Selected for listing in Chambers USA High Net Worth Guide 2018-2022
• Named Martindale-Hubbell AV-Preeiminent – 2013
• Top Rated Lawyer/ Trusts and Estates
• Selected for MS Business Journal’s Leadership in Law Class of 2012

Published Works

• “A Lawyer’s Revenge, Part 2” – Wells Marble Estate Planning Newsletter – 2016
• “Mississippi Legislature Approves Asset Protection Trusts” – Wells Marble Estate Planning Newsletter – 2015
• “When Planning Your Estate, Don’t Forget Your Digital Assets” – Wells Marble Estate Planning Newsletter – 2014
• “Still Hanging Over the Fiscal Cliff” – Wells Marble Estate Planning Newsletter – 2014
• “The Good, Bad and Ugly, When an Individual is Named as Trustee of a Trust” – Wells Marble Estate Planning Newsletter – 2013
• “Tax Tips on Tipping for Restaurant Owners” – Mississippi Hospitality and Restaurant Association Newsletter – Fall 2012
• “Use of Family Business Entities to Hold Timber Assets” – Tree Talk Magazine – Winter Issue 2011

Reported Cases

• Bobbye N. Brill, Deceased and Annie Hobson Nichols, Deceased: Frank Nichols v. Shirlee N. Phillips and Kathryn Kennington
  • Supreme Court of Mississippi No. 2009-CT-01968-SCT

Associations and Memberships

• American College of Trust and Estate Counsel (ACTEC)
  • Fellow
• Financial Planning Association, 1994 – 2015
  • Member, Mississippi Chapter
  • Board of Directors, Mississippi Chapter 2002 – 2004
• The Mississippi Bar, Section on Estates & Trusts
  • Chairman (2000 – 2001)
• Jackson Estate Planning Forum
  • Member and Treasurer
• Mississippi State University Foundation, 1998 – Present
  • Planned Giving Council
• Estate Planning Council of Mississippi, 1994 – Present
  • Executive Committee, 2005 – Present
  • President, 2009 – 2010
• National Academy of Elder Law Attorneys
  • Member

Seminars

• Insurance Symposium at University of Mississippi, 2015
  • Speaker on issues of Life and Health Insurance
• Insurance Day at Mississippi State University, April 2012
  • “Estate and Gift Tax Update”
• Presentation to the Mississippi Judicial College and the Mississippi Conference of Chancery Court Judges Spring Conference
  • “Investment Responsibilities of Trustees, Guardians, Conservators and Executors”
• Estate Planning, National Business Institute, 1997 – 2000
• Professional Education Systems, Inc., 2001 – 2002
  • “Complete Trust Workshop”
• Lorman Educational Services, 2001 – 2003
  • Mississippi Estate Planning
• University Of Mississippi, March 7, 2003
  • Probate Practice Fundamentals
• National Business Institute, 1997
  • Family Limited Partnerships in Mississippi
• Wells Marble & Hurst, PLLC
  • Liability and Asset Protection Planning for Mississippi Pharmacists
• Mississippi Bankers Association Trust Conference, November 4, 2004
  • “Current Developments in Fiduciary Administration”
• Board of Directors of Ridgeland, MS Chamber of Commerce
  • Member
• First Presbyterian Church, Jackson, MS
  • Member
• Board of Directors of River Hills Club
  • Member

Fraternities / Sororities

• Sigma Alpha Epsilon
• Phi Delta Phi
• Omicron Delta Kappa
• Beta Alpha Psi

Birth Information

• 1964, Jackson, Mississippi