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 Flubacher represents institutional fiduciaries and individuals in matters involving Delaware trust law, trust operations, state taxation, and estate and gift taxation. His 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. He renders Delaware trust law opinions, and routinely petitions the Delaware Court of Chancery for instructions, reformations, transfer of trust situs, construction, choice of law and other trust-related matters, and drafts, reviews and comments on Delaware trust agreements for local and out-of-state clients. Todd also represents individuals who require complex estate planning, asset protection, estate administration, trust and estate litigation and state and federal taxation advice.
As a member of Morris Nichols' renowned Fiduciary Litigation practice, Todd has also represented executors, trustees and other fiduciaries involving the full spectrum of fiduciary claims as well as private individuals engaged in disputes involving the Internal Revenue Service (“IRS”) where he has obtained private letter rulings.
Todd is a Fellow of the American College of Trust and Estate Counsel (ACTEC), a professional organization of approximately 2,600 lawyers who have demonstrated the highest level of integrity, commitment to the profession, competence and experience as trust and estate counselors. He also has an AV Preeminent Martindale-Hubbell peer review rating, which indicates that his peers rank him at the highest level of professional excellence. Todd is a recognized author on Delaware trust law subjects and his articles have appeared in notable publications such as Trusts & Estates magazine and Estate Planning magazine, among others, and he is a frequent presenter and panelist appearing before professional and business audiences.
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 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
Events
- Todd Flubacher to Present Live Strafford Webinar/Teleconference: Structuring Trusts, Bifurcating Functions and Converting Existing Trusts Into Directed Trusts
Presenter: Todd A. Flubacher
News
- Todd Flubacher Featured Author in ESTATE PLANNING Magazine: Put Decanting to Work to Give Breath to Trust Purpose
Todd Flubacher authored Put Decanting to Work to Give Breath to Trust Purpose featured in the January 2011 edition of ESTATE PLANNING magazine. - Todd Flubacher Featured Author in TRUSTS & ESTATES: The Trustee’s Role in Directed Trusts
Todd Flubacher authored The Trustee’s Role in Directed Trusts featured in the December 2010 edition of TRUSTS & ESTATES magazine. - Todd Flubacher Presents at 2010 Delaware Trust Conference
Todd Flubacher served on the panel “New in Port” at the 2010 Delaware Trust Conference - 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.
Notable Publications and Presentations
- Todd A. Flubacher, Put Decanting to Work to Give Breath to Trust Purpose, Estate Planning Magazine (January 2011)
- Todd A. Flubacher, The Trustee's Role in Directed Trusts, TRUSTS & ESTATES magazine (December 2010)
- Todd A. Flubacher, Delaware Asset Protection Trusts and Creditors' Rights, Estate Planning Magazine (September 2010)
- 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)