Daniel Harry Markstein, III

DANIEL HARRY MARKSTEIN, III On August 8, 2023, Daniel Harry Markstein, III, of Birmingham, AL, passed away peacefully at home with his beloved wife, Rosalind (Weil), and his children, Daniel H. IV and Virginia, at his side.

Danny and Rosalind married in 1972 and resided in Mountain Brook. In 2007 they found a second house in White Sulphur Springs, WV, which has served as a home away from home for their family ever since.

Born on February 5, 1941, Danny lived an extraordinary life. He was an excellent student at Shades Valley High School and Washington & Lee University, from which he graduated Phi Beta Kappa, and subsequently received an LL.B. from the University of Alabama School of Law, where he was Editor in Chief of the Law Review. He then went to and returned from Vietnam, where he was a Captain in the United States Army and a recipient of the Bronze Star and Purple Heart. Claiming “I’m not done fighting,” he earned his LL.M. from Harvard Law School.

He joined his father, D. Harry Markstein, Jr., in the practice of law and spent a career at Maynard Cooper as a leader in the firm’s estate, trust & business planning, tax and fiduciary trust & estate litigation practice groups. He was widely regarded as one of the best trust and estate attorneys in the country and was a respected mentor and resource to fellow attorneys, clients and friends.

Danny was a Past President of the American College of Trust and Estate Counsel (ACTEC). He was also a Fellow of the American College of Tax Counsel, a former Trustee of the American Institute on Federal Taxation and a former member of the board of Lex Mundi. Danny had numerous published works, and he was a frequent lecturer at tax and estate planning conferences nationwide.

Danny was actively engaged in his community. He was a member of the board of the Birmingham Symphony Orchestra, the board of trustees of Callahan Eye, a board member for the International Retinal Research Foundation, a member of the board for the Legal Aid Society of Birmingham, a graduate of Leadership Alabama and a member of United Way of Central Alabama’s Tocqueville Society.

Danny was a devoted husband, father, grandfather, friend, advisor, teacher, partner and advocate. He was a handball champion, a skilled chess player, a backgammon master and a frustrated golfer. He loved telling jokes, an art at which he was especially skilled, and he relished watching the Crimson Tide. He always wore a beautiful smile, and his laugh was perfectly contagious.

Unsurprisingly, Danny met his diagnosis of pancreatic cancer with courage and conviction, and he was a surprisingly compliant patient who never expressed anger or complained about his circumstance. The many visits, calls, letters, emails, cards and flowers he received during the final months and weeks of his life were a tremendous source of joy, peace and comfort to him and to his family.

In a word, Danny was social. He had friends seemingly everywhere, and he traveled often. His inquisitiveness and keen intellect drove all his pursuits. People were his passion, and he loved to host a party. His favorite thing to do, other than smoke a cigar in his backyard with Rosalind’s dog Oliver at his side, was to go out to dinner – at any of the Stitt restaurants, but especially Highlands Bar & Grill.

Danny was a principled man of integrity, always in search of the truth. In his final years, he worked hard to prepare the next generation for life after his: in his family, in his law practice and in his many relationships. At the age of 82, Danny was taken far too young. Danny was predeceased by his father, Harry, who died August 9, 2009, at the age of 96, and his mother, Elaine Adler Markstein, who died March 23, 2005, at the age of 90.

Danny had tremendous love for his family and his many close friends. He is survived by his wife Rosalind, son Danny, daughter Virginia, grandsons Max and Wyatt, and granddaughter Rose. He also is survived by his sister Helene Markstein Tucker and her husband Philip, and Carolyn Markstein Frohsin and her husband Henry.

As he wished, there will be a private graveside memorial for his family and a party at a later time to celebrate his life, his love of good food and drink, his ever-present sense of humor and his friendships. Those wishing to make contributions in his memory may send them to Memorial Sloan Kettering or the O’Neal Comprehensive Cancer Center at UAB.

Services are under the direction of Ridout's Valley Chapel (205-879-3401) in Homewood.