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 serves as an official observer for the Drafting Committee for the Uniform Directed Trust Act and the Conflict of Trust and Estate Laws. 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 the Delaware contributor to Thomson Reuters’ Practical Law guide on Estate Tax. 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.

Experience

Represent beneficiaries in dispute over disposition of trust.  IMO Trust FBO Samuel F. duPont U/A Dtd. Aug. 4,1936, C.A. No. 12904-MG

Served as Special Litigation Trustee.  In re: The Milton Grant 2006 Irrevocable trust Agreement Number Two, C.A. No. 11170-ML

Represent beneficiaries in case involving proposed modification of a testamentary trust. In re Trust Under Will of Flint for the Benefit of Shadek, C.A. No. 10593-VCL

Represent trustee in dispute over disposition of trust.  IMO Trust Under Will of Harold S. Schutt, C.A. 10574-MZ

Represent beneficiary in dispute over trust.  IMO Opperman, Dwight D. Special Trust, C.A. No. 9718-ML

Represent settlor in dispute over trust.  IMO Susan D. Elia Irrev. Trust U/A Dtd. Sept. 15, 2011, C.A. No. 9472-MA

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, C.A. No. 5894-VCP

Represented executor and trustee in defense of challenge to will and trust.  In re Estate of Seppi, C.A. 3189-MA, 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

Represented trustee in construction matter.  In re Barker Trust Agreement, C.A. 20455-VCL, 2007

Represented trustee in breach of trust challenge.  McNeil v. McNeil, No. 409,2001, 497,2001, 505,2001

Represented trustee in breach of trust challenge.  McNeil v. Bennett, C.A. No. 15875

Represented trustee in fee dispute.  In re Trust Under Agreement of Christopher L. Ward, C.M. 9841-N.C., 2001

News & Insights

Honors & Recognitions

Chambers HNW, The World’s Leading Private Wealth Advisers, ranked Band 1 in Delaware private wealth law, 2016-2020

The Best Lawyers in America, listed in Delaware trusts and estates, 2014-2021

The Best Lawyers in America, named a “Delaware Lawyer of the Year” for Litigation - Trusts and Estates, 2018, and for Trust and Estates, 2020

National Association of Estate Planners & Councils, Accredited Estate Planner® (AEP®)

Martindale-Hubbell, AV-rated

Professional & Civic

American Bar Association (Business Law, Real Property and Probate & Taxation Sections)

American College of Trust & Estate Counsel (Fellow, Fiduciary Litigation Committee, and Forms Committee)

The Society of Trust and Estate Practitioners (STEP)

Delaware Bankers Association (2020 Delaware Trust Conference Chair)

Delaware State Bar Association (Estates & Trusts Section (Chair, 2004-2005) and Taxation Section (Chair, 2007-2008))

Estate Planning Council of Delaware (Past President, Past Member of Board of Directors)

The Joshua M. Freeman Foundation (Member of Board of Directors)

National Association of Estate Planners & Councils

Thomson Reuters’ Practical Law (Delaware Estate Tax Contributor)

Trusts & Estates magazine (Editorial Board)

Education

University of Maryland School of Law, JD, with honors, 1999
The Business Lawyer, Staff and Associate Editor, 1997-1999

Drexel University, BS, finance, summa cum laude, 1992

Admissions

  • Delaware, 1999
  • US District Court for the District of Delaware, 1999

Chambers HNW sources say Todd is “an expert in sophisticated matters of estate planning” who is “very helpful at finding creative solutions to complex issues.” Well-regarded as “one of the best in the business,” “his talent is vast.”

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