Practice Areas
Education
- J.D., with honors, 1999, The University of Maryland School of Law
- B.S., summa cum laude, 1992, Drexel University
Admissions to Practice
- Delaware, 1999
- U.S. District Court for the District of Delaware, 1999
Todd is a partner in the firm's Trusts, Estates and Tax Group. Todd represents numerous institutional fiduciaries and individuals in the areas of Delaware trust law, trust operations, state taxation, and estate and gift taxation. Todd’s practice emphasizes the unique aspects of Delaware trust law, including asset protection trusts, dynasty trusts, deferred income charitable remainder trusts, conflicts of laws and choice of Delaware law and all aspects of the validity, construction and administration of Delaware trusts. Todd routinely petitions the Delaware Court of Chancery on behalf of clients in trust matters for instructions, reformations, transfer of trust situs, construction, choice of law and other matters. Todd drafts, reviews and comments on Delaware trust agreements for local and out-of-state clients and renders Delaware trust law opinions.
Todd represents individual clients with respect to matters of complex estate planning, asset protection, estate administration, trust and estate litigation and state and federal taxation. He has represented clients in disputes before the Internal Revenue Service (“IRS”) and has obtained private letter rulings from the IRS.
Professional and Community Activities
- Fellow, American College of Trust and Estate Counsel
- Member, Delaware State Bar Association, Sections of Estates and Trusts and Taxation
- Chair, Estates and Trusts Section of Delaware State Bar Association (2004-2005)
- Chair, Taxation Section of Delaware State Bar Association (2007-2008)
- Member, American Bar Association, Sections of Business Law, Real Property and Probate and Taxation
- Member, Board of Directors of the Estate Planning Council of Delaware and serves as Vice President
- Member, Board of Trustees and Development Commitee of The Grand Opera House, Wilmington, DE
- Chair, Planned Giving Committee of the Grand Opera House, Wilmington, DE
- Member, Professional Advisory Committee of the Delaware Community Foundation
- Member, Wilmington Tax Group
- Member, Society of Financial Service Professionals
News
- Todd Flubacher, Randolph Herndon, Jr. Featured Authors in Estate Planning: Delaware Asset Protection Trusts and Creditors’ Rights
Todd Flubacher and Randy Herndon authored Delaware Asset Protection Trusts and Creditors’ Rights featured in the September 2010 edition of Estate Planning magazine. - Todd Flubacher Elected to American College of Trust and Estate Counsel
Todd Flubacher has been elected a Fellow of the American College of Trust and Estate Counsel. - Thomas Pulsifer and Todd Flubacher Present at 2009 Delaware Trust Conference
Thomas Pulsifer and Todd Flubacher were featured speakers on separate panels during the 2009 Delaware Trust Conference. - Thomas Pulsifer Featured Author in June 2009 Estate Planning Magazine: The Delaware Personal Trust Advantage
Thomas Pulsifer is a co-author of The Delaware Personal Trust Advantage is Useful in Many Scenarios featured in the June 2009 edition of Estate Planning magazine. - Todd Flubacher, Kimberly Gill Speak at 2009 Delaware Tax Institute
Todd Flubacher and Kimberly Gill were speakers at the 2009 Delaware Tax Institute. - Thomas Pulsifer and Todd Flubacher Present at 2008 Delaware Trust Conference
Partners in the Trusts, Estates and Tax group, were presenters at the 2008 Delaware Trust Conference. - Morris Nichols Elects Todd A. Flubacher To Partnership
Morris, Nichols, Arsht & Tunnell LLP is pleased to announce that Todd A. Flubacher has been elected to the partnership effective January 1, 2008.
Notable Publications and Presentations
- Todd A. Flubacher, Planning to Avoid Pitfalls - Asset Protection Trusts Thirteen Years After Enactment, Delaware Banker (Winter 2010)
- Todd A. Flubacher, Thomas R. Pulsifer, Dynasty Trusts, Thompson/RIA, 2007
- Speakers: Thomas R. Pulsifer and Todd A. Flubacher, The Pursuit of Innovative Trust Strategies in an Uncertain Estate Planning Environment, A Christiana Bank & Trust Roundtable Moderated by Worth Magazine (Summer 2007).
- Todd A. Flubacher, Thomas R. Pulsifer, Eliminate A Trust's State Income Tax, Trusts & Estates, May 2006
- Todd A. Flubacher, Thomas R. Pulsifer, Minimizing Income Taxation of Trust Income: The Delaware Advantage, 108 Probate and Trust Law Section Newsletter 8 (Philadelphia Bar Association Probate and Trust Law Section, Winter 2003-04)