Todd Flubacher

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 implementing planning goals, saving taxes, protecting assets, and managing and preserving wealth for future generations. He also works with executors of Delaware estates to assist with estate administration, 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.