Todd A. Flubacher

Partner

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

LinkedIn Profile

“Clients say he has ‘a deep knowledge, listens carefully and is responsive.’” – Chambers HNW 2016

Todd 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.

His practice 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.  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.  For more than a decade, Todd has filed 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.

Todd also represents 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.

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

Todd is a Fellow of the American College of Trust and Estate Counsel (ACTEC) and holds the designation of Accredited Estate Planner® (AEP®) by the National Association of Estate Planners & Councils. Ranked Band 1 in Chambers HNW among private wealth law attorneys in Delaware, he is also included in The Best Lawyers in America (2014-2017) and AV-rated by his peers in Martindale-Hubbell.  Todd is a past-chair of both the Estates & Trusts and Tax Sections of the Delaware State Bar Association.

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, 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

Community Activities

  • The Grand Opera House, Wilmington, DE (Board of Trustees and Development Committee; Chair, Planned Giving Committee)
  • Delaware Community Foundation (Professional Advisory Committee)
  • Wilmington Tax Group

Representative Matters

  • Served as Special Litigation Trustee.  In re: The Milton Grant 2006 Irrevocable trust Agreement Number One
  • 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
  • Represented executor and trustee in defense of challenge to will and trust.  In re Estate of Seppi, C.A. 3189-MA, 2010 WL 1534189 (Del. Ch. Mar. 30, 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 WL 4698477 (Del. Ch. Oct. 16, 2008)
  • Represented trustee in construction matter.  In re Barker Trust Agreement, C.A. 20455-VCL, 2007 WL 1800645 (Del. Ch. June 13, 2007)
  • Represented trustee in breach of trust challenge.  McNeil v. McNeil, 798 A.2d 503 (Del. 2002)
  • Represented trustee in breach of trust challenge.  McNeil v. Bennett, 792 A.2d 190 (Del. Ch. 2001)
  • Represented trustee in fee dispute.  In re Trust Under Agreement of Christopher L. Ward, C.M. 9841-N.C., 2001 WL 1720180 (Del. Ch. Dec. 26, 2001)

News

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

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