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 saving taxes, implementing planning goals, protecting assets, 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, 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 Fellow of the American College of Trust and Estate Counsel (ACTEC) and he serves on the Fiduciary Litigation Committee and Program Committee. He is also a member of the Society of Trust and Estate Practitioners. Todd is a past-chair of both the Estates & Trusts and Tax Sections of the Delaware State Bar Association. He served as an observer for the Drafting Committee for the Uniform Directed Trust Act. He is the chair of the Delaware Trust Conference and he serves on the Editorial Board of Trusts & Estates magazine. He also serves as member of the Board of Directors of The Joshua M. Freeman Foundation.
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 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, the Delaware Trust Conference and numerous webinars.
- Chambers HNW, The World’s Leading Private Wealth Advisers, Ranked Band 1 among private wealth law attorneys in Delaware since the HNW publication’s inception (2016-2019)
- The Best Lawyers in America, Selected for inclusion for Delaware Trusts and Estates (2014-2020) and Litigation – Trusts and Estates (2017-2020). Named “Delaware Lawyer of the Year” for Litigation - Trusts and Estates (2018) and Trust and Estates (2020)
- Expert Guides, Named as one of the Top 30 attorneys in the country in the area of trusts and estates law in Best of the Best USA compilation
- National Association of Estate Planners & Councils, Accredited Estate Planner® (AEP®)
- Martindale-Hubbell, AV-rated by his peers