Todd A. Flubacher

Practice Areas

Todd represents Delaware trust companies, individuals, and law firms throughout the United States on all aspects of the creation, migration, modification, and administration of Delaware trusts.

His practice primarily emphasizes the unique advantages of Delaware trust law, including directed trusts, dynasty trusts, asset protection trusts, trust modifications, and tax planning. He serves as Delaware trust counsel to many of Delaware’s corporate trustees, advising on trust administration and fiduciary risk.

Todd has substantial experience with migrating trusts to Delaware, changing governing law, and modifying trusts by decanting, merger, and non-judicial settlement agreements. He drafts, reviews and comments on trust agreements and renders legal opinions. Todd routinely files trust petitions with the Delaware Court of Chancery for instructions, reformations, modifications, transfer of trust situs, construction, choice of law, and other trust-related matters.

As an estate planner, Todd assists high-net-worth clients with implementing planning goals, saving taxes, protecting assets, and managing and preserving wealth for future generations. He also works with executors of Delaware estates to assist with estate administration, probate and planning.

Todd also has a substantial fiduciary litigation practice, representing trustees, executors, and beneficiaries in all types of trusts and estates litigation, including, directed trusts, choice of law, disputes over construction and interpretation of trusts and wills, creditor’s rights, breach of fiduciary duties, trustee compensation, undue influence, will contests, trustee self-dealing, powers of appointment, decanting and many other issues. He also has served as an expert witness on Delaware trust law in large trust litigation matters.

Todd is a nationally recognized author and his articles have appeared in notable publications such as Estate Planning magazine and Trusts & Estates magazine. He is the Delaware contributor to Thomson Reuters’ Practical Law guide on Estate Tax. He is a recognized speaker, frequently appearing before professional and business audiences across the country, including ACTEC, the Heckerling Institute, Notre Dame Tax & Estate Planning Institute, Kansas City Estate Planning Symposium, Estate Planning Councils, the Delaware Tax Institute, the Delaware Trust Conference and numerous webinars.

Professional Memberships

American Bar Association (Business Law, Real Property and Probate & Taxation Sections)

American College of Trust & Estate Counsel (Fellow, Fiduciary Litigation Committee, and Fiduciary Administration Committee Chair)

American College of Trust & Estate Counsel Foundations (Member of Board of Directors)

The Society of Trust and Estate Practitioners (STEP)

Delaware Bankers Association (2020 Delaware Trust Conference Chair)

Delaware State Bar Association (Estates & Trusts Section (Chair, 2004-2005) and Taxation Section (Chair, 2007-2008))

Estate Planning Council of Delaware (Past President, Past Member of Board of Directors)

The Joshua M. Freeman Foundation (Member of Board of Directors)

Sanford School (Member of Board of Trustees)

National Association of Estate Planners & Councils

Thomson Reuters’ Practical Law (Delaware Estate Tax Contributor)

Trusts & Estates magazine (Editorial Board)

Uniform Laws Commission (Official Observer for the ULC Drafting Committees for the Uniform Directed Trust Act and Uniform Conflict of Laws in Trust and Estates Act, 2022)

University of Delaware Lerner College of Business (Member of Steering Committee for the Trust Management Certificate Program; Member of Advisory Board for the Trust Management Minor)

GRIT Talks (Member of Advisory Board)

Publications

Co-author. “Letting Go of the Dead Hand Part III: There’s a Better Way,” Trusts & Estates Magazine (May 2024)

Co-author. “Letting Go of the Dead Hand Part II: With Silent Trusts, All Might Not Be Quiet on the Western Front,” Trusts & Estates Magazine (March 2024)

Co-author, “Letting Go of the Dead Hand: The Shortcoming of Traditional Trust Planning,” Trusts & Estates Magazine (December 2023)

Education

Awards