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. 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. He is also a member of the Society of Trust and Estate Practitioners. 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 (2014-2019), 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 was named as one of the Top 30 attorneys in the country in the area of trusts and estates law by Best of the Best USA compiled by Expert Guides.
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 also serves as member of the Board of Directors of The Joshua M. Freeman Foundation.
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, the Delaware Trust Conference and numerous webinars.