Todd A. Flubacher

Partner

(302) 351-9374 T
(302) 425-4698 F

LinkedIn Profile

“He is a very strong, knowledgeable trusts attorney and a lot families across the country trust him. …practical, very direct and gives his recommendations with reasons. His advice is clear and his drafting is pristine.” – Chambers HNW 2017

Todd has practiced law exclusively in the trusts and estates field for the last 18 years.  He works with national, international and local clients on the creation, migration, modification and administration of Delaware trusts.  He represents Delaware trustees, beneficiaries, law firms and individuals throughout the country on all matters involving Delaware trusts and estates. 

Todd’s practice primarily emphasizes the unique advantages of Delaware trust law, including directed trusts, dynasty trusts, tax planning, asset protection trusts, and all aspects of trust validity, construction and administration.  He frequently serves as Delaware trust counsel to many of Delaware’s corporate trustees, providing guidance on all aspects of trust administration and fiduciary risk.  

Todd has substantial experience with migrating trusts to Delaware and modifying trusts by decanting, merger, non-judicial settlement agreements, Delaware Court of Chancery trust petitions, administrative amendments, and addressing issues pertaining to choice of Delaware governing law.  He drafts, reviews and comments on Delaware trust documents and renders Delaware trust law opinions.  Todd 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 in Delaware with saving taxes, implementing planning goals, and managing and preserving wealth for future generations.  He also works with executors of Delaware estates to assist with estate administration, and related tax reporting, filings, 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, trustee breach of fiduciary duties, trustee compensation, undue influence, will contests, trustee self-dealing and many other issues.  He also has served as an expert witness on Delaware trust law in large litigation matters involving Delaware trusts.  

Todd is a Fellow of the American College of Trust and Estate Counsel (ACTEC) and he serves on the Fiduciary Litigation Committee and Program Committee, and was previously a member of the New Fellows Steering Committee.  Todd holds the designation of Accredited Estate Planner® (AEP®) by the National Association of Estate Planners & Councils, is ranked Band 1 in Chambers HNW among private wealth law attorneys in Delaware, is included in The Best Lawyers in America (2014-2018), and he is AV-rated by his peers in Martindale-Hubbell.  Best Lawyers 2018 edition named him “Delaware Lawyer of the Year” for Litigation - Trusts and Estates.  Todd is a past-chair of both the Estates & Trusts and Tax Sections of the Delaware State Bar Association.  He serves as an observer for the Drafting Committee for the Uniform Directed Trust Act.

Todd is a nationally recognized author on Delaware trust law and his articles have appeared in notable publications such as Trusts & Estates magazine and Estate Planning magazine, among others. 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, Estate Planning Councils, the Delaware Tax Institute and the Delaware Trust Conference.

 

Professional Activities

  • American Bar Association (Business Law, Real Property and Probate & Taxation Sections)
  • American College of Trust & Estate Counsel (Fellow; Fiduciary Litigation Committee; New Fellows Steering Committee)
  • Delaware Bankers Association (Delaware Trust Conference Planning Committee)
  • Delaware State Bar Association (Chair, Estates & Trusts Section, 2004-2005; Chair, Taxation Section, 2007-2008)
  • Estate Planning Council of Delaware (Past President, Past Member of Board of Directors)
  • National Association of Estate Planners & Councils

Representative Matters

  • Represent beneficiaries in dispute over disposition of trust.  IMO Trust FBO Samuel F. duPont U/A Dtd. Aug. 4,1936, C.A. No. 12904-MG
  • Served as Special Litigation Trustee.  In re: The Milton Grant 2006 Irrevocable trust Agreement Number Two, C.A. No. 11170-ML
  • Represent beneficiaries in case involving proposed modification of a testamentary trust. In re Trust Under Will of Flint for the Benefit of Shadek, C.A. No. 10593-VCL
  • Represent trustee in dispute over disposition of trust.  IMO Trust Under Will of Harold S. Schutt, C.A. 10574-MZ
  • Represent beneficiary in dispute over trust.  IMO Opperman, Dwight D. Special Trust, C.A. No. 9718-ML
  • Represent settlor in dispute over trust.  IMO Susan D. Elia Irrev. Trust U/A Dtd. Sept. 15, 2011, C.A. No. 9472-MA
  • Represented parents of minor beneficiaries in a matter involving a variety of fiduciary issues.  IMO: Two Trusts Created Pursuant to Agreement Dated April 29, 1991 Known as JBG Childrens 1991 Trust Agreement, C.A. No. 5894-VCP
  • Represented executor and trustee in defense of challenge to will and trust.  In re Estate of Seppi, C.A. 3189-MA, 2010 
  • Represented trustee in case involving creditor claim against estate and trust.  In re Trust Under Agreement of Walter F. Wickes, III, C.A. 2515-VCS, 2008
  • Represented trustee in construction matter.  In re Barker Trust Agreement, C.A. 20455-VCL, 2007 
  • Represented trustee in breach of trust challenge.  McNeil v. McNeil, No. 409,2001, 497,2001, 505,2001
  • Represented trustee in breach of trust challenge.  McNeil v. Bennett, C.A. No. 15875
  • Represented trustee in fee dispute.  In re Trust Under Agreement of Christopher L. Ward, C.M. 9841-N.C., 2001

News

Chambers HNW 2017 Recognizes Morris Nichols Trusts, Estates & Tax Group in Top Tier for Delaware Private Wealth Law

Wilmington, DE (September 15, 2017) – Released today, Chambers High Net Worth 2017 again ranks Morris, Nichols, Arsht & Tunnell LLP in Band 1 for Private Wealth Law in Delaware.  “They are extraordinary” says one market source.  “They are knowledgeable, practical, results-oriented and very responsive” praises another.  Three... Continue Reading

32 Morris Nichols Attorneys Listed in The Best Lawyers in America® 2018

Wilmington, DE (August 15, 2017) – Thirty-two attorneys from Morris, Nichols, Arsht & Tunnell LLP were selected for inclusion in the 2018 edition of The Best Lawyers in America®.  The results are based on peer-review evaluations from more than 83,000 eligible attorneys. Six firm attorneys earned “Lawyer of the Year” designations (noted... Continue Reading

31 Morris Nichols Attorneys Listed in The Best Lawyers in America® 2017

Wilmington, DE (August 15, 2016) – Thirty attorneys from Morris, Nichols, Arsht & Tunnell LLP were selected for inclusion in the 2017 edition of The Best Lawyers in America®.  The results are based on peer-review evaluations from more than 79,000 eligible attorneys. Six firm attorneys earned “Lawyer of the Year” designations (noted... Continue Reading

Chambers HNW 2016 Ranks Morris Nichols Trusts, Estates & Tax Group Band 1 in Delaware Private Wealth Law

Wilmington, DE (June 24, 2016) – Today, the inaugural edition of Chambers High Net Worth ranked Morris, Nichols, Arsht & Tunnell LLP as a Band 1 law firm in the Delaware category for Private Wealth Law.  Chambers HNW market sources touted the firm’s “very fine reputation as a leading Delaware firm,” with one commenter... Continue Reading

30 Morris Nichols Attorneys Listed in The Best Lawyers in America® 2016

Wilmington, DE (August 17, 2015) – Thirty attorneys from Morris, Nichols, Arsht & Tunnell LLP were selected for inclusion in the 2016 edition of The Best Lawyers in America®. The results are based on peer-review evaluations from more than 79,000 eligible attorneys. Jack B. Blumenfeld was named the Best Lawyers® 2016... Continue Reading

28 Morris Nichols Attorneys Listed in The Best Lawyers in America® 2015

Wilmington, DE (August 18, 2014) – Twenty-eight attorneys from Morris, Nichols, Arsht & Tunnell were selected for inclusion in the 2015 edition of The Best Lawyers in America®. The results are based on peer-review evaluations from more than 50,000 attorneys. Two partners received special recognition as 2015 Delaware Lawyer of the... Continue Reading

Morris Nichols Attorneys Named to 2014 Best Lawyers in America - 60 Practice Specialty Selections; 22 Top-Listed Practice areas; 5 Delaware Lawyers of the Year

Wilmington, DE (August 21, 2013) – Morris Nichols is pleased to announce that two thirds of the firm's partnership have been selected for inclusion in the 2014 edition of The Best Lawyers in America.  The firm was noted for 60 individual specialty selections, 22 "Top-Listed" practice specialties, and five individual 2014 Delaware Lawyers... Continue Reading

Articles

Events

52nd Annual Heckerling Institute

1.22.2018 through 1.26.2018 in Orlando, FL - Trusts, Estates & Tax
Todd A. Flubacher

The 52nd Annual Heckerling Institute will take place in Orlando, Fla. from January 22 to 26, 2018. Drawing leading attorneys, trust officers, wealth management professionals, and other estate planning practitioners, the conference is hosted by the University of Miami School of Law. Morris Nichols partner Todd Flubacher will speak in the session,... Continue Reading

43rd Notre Dame Tax & Estate Planning Institute

10.26.2017 through 10.27.2017 in South Bend, IN - Trusts, Estates & Tax
Todd A. Flubacher

The University of Notre Dame Law School hosts the 43rd Notre Dame Tax & Estate Planning Institute from October 26 to 27, 2017 in South Bend, Ind. The two-day conference will explore a broad range of estate planning topics. Morris Nichols partner Todd Flubacher serves as faculty. On October 26, he joins Pamela Lucina (BNY Mellon) to present,... Continue Reading

2017 Delaware Trust Conference

10.24.2017 through 10.25.2017 in Wilmington, DE - Trusts, Estates & Tax
Todd A. Flubacher

Morris Nichols is a silver sponsor of the Delaware Banker’s Association annual Delaware Trust Conference. On October 24, Morris Nichols partner Todd Flubacher will speak in the session, “‘The Dating Game’ - Choosing Between Multiple Jurisdictions.” This panel featuring leading practitioners from key trust planning jurisdictions will... Continue Reading

51st Annual Heckerling Institute on Estate Planning

1.9.2017 through 1.13.2017 in Orlando, FL - Trusts, Estates & Tax
Todd A. Flubacher

The University of Miami School of Law hosts the 51st Annual Heckerling Institute on Estate Planning from January 9 to 13, 2017 in Orlando, Fla. The conference is the largest estates and trust conference in the country with over 3,000 attendees. Morris Nichols partner Todd Flubacher will serve as faculty and present in the session, “Do Not Feed... Continue Reading

2016 Delaware Tax Institute

12.2.2016 in Wilmington, DE - Trusts, Estates & Tax
Todd A. Flubacher

Morris Nichols partner Todd Flubacher will present, “The Future of Life Insurance... Recent Changes You Need to Know” at the 2016 Delaware Tax Institute. Widener University Delaware School of Law hosts the annual program on its Wilmington, Del. campus with co-sponsors the Society of Financial Service Professionals–Delaware Chapter and the... Continue Reading

2016 Delaware Trust Conference

10.25.2016 through 10.26.2016 in Wilmington, DE - Trusts, Estates & Tax
Todd A. Flubacher, Donald F. Parsons Jr.

Morris Nichols is a silver sponsor of the annual Delaware Trust Conference from October 25 to 26, 2016 in Wilmington, Del. Hosted by the Delaware Bankers Association, the event draws top trust, legal, and wealth management professionals to discuss Delaware trust developments. On October 25, Morris Nichols partner Todd Flubacher will speak in the... Continue Reading

2015 Delaware Trust Conference

10.26.2015 through 10.27.2015 in Wilmington, DE - Trusts, Estates & Tax
Todd A. Flubacher, Thomas R. Pulsifer

Morris Nichols is a silver sponsor of the tenth annual Delaware Trust Conference from October 26 to 27, 2015 in Wilmington, Del. Hosted by the Delaware Bankers Association, the event draws top trust, legal, and wealth management professionals to discuss Delaware trust developments. On October 26, Morris Nichols partner Todd Flubacher will speak in... Continue Reading

Discretionary Decision-Making

9.30.2015 in Wilmington, DE - Trusts, Estates & Tax
Todd A. Flubacher

Morris Nichols partner Todd Flubacher joins Cynthia D.M. Brown, president of Commonwealth Trust Company, to present “Discretionary Decision-Making” on September 30, 2015. The program, hosted by the Delaware Bankers Association, is part of a five-part educational series on Foundations of Delaware Trusts for entry-level trust employees.... Continue Reading

ACTEC 2015 Annual Meeting

3.7.2015 through 3.8.2015 in Marco Island, FL - Trusts, Estates & Tax
Todd A. Flubacher

Morris Nichols partner Todd A. Flubacher will speak at the 2015 Annual Meeting of The American College of Trust and Estate Counsel (ACTEC) on March 7 and 8, 2015 in Marco Island, Fla.  His presentation, “Controlling from the Grave: Is Flexibility a Good Thing?” will explore the issues related to drafting trust instruments for... Continue Reading

2014 Delaware Tax Institute

11.14.2014 in Wilmington, DE - Trusts, Estates & Tax
Todd A. Flubacher

Morris Nichols partner Todd A. Flubacher will speak on “Income Tax Strategies with Insurance” at the 2014 Delaware Tax Institute on Nov. 14, 2014. Widener University School of Law will host the program on the Delaware Campus. Opportunities for CLE credit are available. For more information and to register, visit the Widener Law... Continue Reading

STEP Chicago November 2014 Meeting

11.4.2014 in Chicago, IL - Trusts, Estates & Tax
Todd A. Flubacher

Morris Nichols partner Todd A. Flubacher will speak on “Recent Developments and Hot Topics in Delaware Trust Law” at the STEP (Society of Trust and Estate Practitioners) Chicago November Meeting on Nov. 4, 2014. The program will take place at the offices of J. P. Morgan. Todd will present a brief update on recent trust legislation and... Continue Reading

AEPC Seminar: DING Trusts

11.5.2013 in Atlanta, GA - Trusts, Estates & Tax
Todd A. Flubacher

Todd Flubacher, partner in the Morris Nichols Trusts, Estates and Tax Group, will present DING Trusts to the Atlanta Estate Planning Council on November 5, 2013, in Atlanta, Georgia. The presentation will discuss Delaware Incomplete Gift Non-Grantor Trusts (DING Trusts) and how they can be used to minimize state income tax. The presentation will... Continue Reading

Strafford Webinar: Trust Decanting: Flexibility and Danger 2012

Morris Nichols Trusts, Estates & Tax Group partners Thomas Pulsifer and Todd Flubacher will be featured speakers on the panel titled, Trust Decanting: Flexibility and Danger – Achieving Tax Benefits, Revising Fiduciary Powers, and Mitigating Trustee Liability, Tuesday October 2, 2012, 1:00pm - 2:30pm EDT. The live 90-minute CLE... Continue Reading

Strafford Webinar: Structuring Trusts, Bifurcating Functions and Converting Existing Trusts into Directed Trusts

Todd Flubacher, partner in Morris Nichols Trusts, Estates and Tax Group, will serve as a featured panelist for the Atlanta-based Strafford Publications live webinar/teleconference Structuring Trusts, Bifurcating Functions and Converting Existing Trusts Into Directed Trusts on Tuesday, March 27, 2012, at 1:00 PM EDT. The 90-minute CLE webinar will... Continue Reading

ABA Webinar: More Than Just Asset Protection: How to Get Other Benefits from Asset Protection Trusts

Todd Flubacher, partner in the Morris Nichols Trusts, Estates & Tax Group, will serve as a panelist for the American Bar Association (ABA) Section of Real Property, Trust & Estate Law teleconference More Than Just Asset Protection: How to Get Other Benefits From Asset Protection Trusts on Tuesday, August 2, 2011, starting at 1:00 PM... Continue Reading

2010 Delaware Trust Conference

12.1.2010 in Wilmington, DE - Trusts, Estates & Tax
Todd A. Flubacher

Todd Flubacher, partner in Morris Nichols’ Trusts, Estates & Tax Group, will be a presenter at the 2010 Delaware Trust Conference, November 31 - December 1, 2010, Hotel du Pont, Wilmington, Delaware. Todd will present on the General Session panel entitled “New in Port, a practical discussion about moving a trust to Delaware and how... Continue Reading

2008 Delaware Trust Conference

12.3.2008 through 12.5.2008 in Wilmington, DE - Trusts, Estates & Tax
Todd A. Flubacher, Thomas R. Pulsifer

The Delaware Bankers Association hosts the 2008 Delaware Trust Conference from December 3-5, 2008 in Wilmington, Del. Morris Nichols partners Todd Flubacher and Tom Pulsifer will both serve as presenters. On December 3, Todd will present "Delaware Incomplete Non-Grantor Trusts (DINGS)." His discussion will cover the IRS news release IR 2007-127,... Continue Reading