Todd A. Flubacher

Practice Areas

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 primarily emphasizes the unique advantages of Delaware trust law, including dynasty trusts, directed trusts, asset protection trusts, trust modifications, and tax planning. Todd also represents trustees, executors, and beneficiaries in all types of trusts and estates litigation and has served as an expert witness in litigation involving Delaware trusts. 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 is a Fellow of the American College of Trust and Estate Counsel (ACTEC) and is the Chair of the Trust Administration Taskforce, a member of the Fiduciary Litigation Committee, and former member of the New Fellows Committee, Program Committee and Forms Taskforce. 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 and is ranked Band 1 in Chambers HNW in both Private Wealth Law and Private Wealth Disputes in Delaware.

Todd is a Past-Chair of both the Estates & Trusts and Tax Sections of the Delaware State Bar Association. Todd serves on the Legislative Drafting Committee of the Trusts and Estates Section of the Delaware State Bar Association which drafts updates to Delaware’s trust laws annually. He is a Past-President and Past-Board Member of the Estate Planning Council of Delaware. He served as an observer for the Drafting Committee for the Uniform Directed Trust Act and serves as an observer for the Drafting Committee for the Uniform Directed Trust Act and the Conflict of Trust and Estate Laws. He serves on the Editorial Board of Trusts & Estates magazine, served on the Executive Committee of the Delaware Trust Conference, serves on the Advisory Board of the University of Delaware Trust Management Minor Program, and was Chair of the 2020 Delaware Trust Conference presented by the Delaware Bankers Association.

Todd is a nationally recognized author on Delaware trust law and his articles have appeared in notable publications such as Trusts & Estates and Estate Planning magazines, 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, Kansas City Estate Planning Symposium, Fiduciary and Investment Risk Management Association, Estate Planning Councils, the Northern Trust Symposium, and the Delaware Trust Conference.

Todd graduated with a J.D. from University of Maryland School of Law, with honors, in 1999. He graduated summa cum laude from Drexel University in 1992 with a B.S., finance. He is admitted to practice before the Courts of the State of Delaware and the U.S. District Court for the District of Delaware.

Professional Memberships

American Bar Association (Business Law, Real Property, Probate & Taxation Sections); American College of Trust and Estate Counsel (Fellow); 2020 Delaware Trust Conference Chair; Association of Estate Planners & Councils (Accredited Estate Planner®)

Education