Scott H. Malin

Recognized by Chambers USA, fellow attorneys praise Scott for his insight: "He understands the sophisticated issues in this area," and "is a really smart lawyer with many good business-related clients." In addition, private wealth clients have said, "Scott's considerable experience with closely held family businesses makes him an invaluable asset" and "Scott is responsive, intelligent, and, in general, a great guy." His strategic approach and diligence have earned him the trust and respect of peers and clients alike.

Scott Malin offers value-added counsel for high-net-worth clients, family businesses and closely held entities. He has a wealth of experience serving manufacturing companies, real estate developers, automotive dealerships and professional service firms, among others.

Privately held and family businesses, individuals and families alike count on Scott's strategic perspectives and sound counsel. He has a deep understanding of clients' goals and the intricacies of their businesses, assisting them with:

• Estate and gift tax planning
• Business succession planning
• Charitable planning
• Asset protection planning
• Probate

Scott helps clients plan for their individual and families' futures while navigating the ever-changing tax landscape. His advanced tax planning methods and thorough understanding of the complexities involved in the intergenerational transfer of wealth allow him to effectively reduce tax implications for clients' businesses and their families. One CFO client said, "It feels much like Scott is our in-house counsel. I don't ever question the advice. Scott truly understands our business."

Throughout his career, Scott has achieved notable success assisting family business owners with orderly transitions of ownership, minimizing estate and gift taxes, and facilitating business restructures to change tax status and reduce potential income tax liabilities. His knowledge in handling estate tax audits and overseeing the sale of highly valuable family-owned businesses underscores his capability to deliver exemplary legal solutions tailored to clients' needs.

Scott served as a member of Lathrop GPM's Executive Committee for seven years. He is also an Adjunct Professor in Washington University School of Law's Master of Laws (LL.M.) in Taxation program, where he teaches Closely Held Business and Succession Planning. A frequent lecturer and speaker, Scott shares his knowledge on succession planning, estate planning, and tax issues with various organizations including The Missouri Bar, The Bar Association of Metropolitan St. Louis, and the University of Missouri-Kansas City.

WHEN ASKED …

Why did you become a lawyer?

I am inspired by the opportunity to develop and maintain trusted, lifelong relationships with clients. I enjoy putting their hearts and minds at ease through sound legal advice, creative thinking, and strategic planning. This personal relationship aspect of law drives me to continually provide the highest level of counsel and service to clients.

What do you do outside of work?

I like to travel, read, exercise, listen to music, and spend time with my wife and three adult children.

REPRESENTATIVE EXPERIENCE

• Worked with family business owners for orderly transition of ownership to second generation while minimizing estate and gift tax. Also restructured the business to change the tax status to subchapter S corporation and reduce the potential income tax liability to the family.
• Worked with three generations of family members, many of whom were involved in the business, to structure a transaction and buy-sell agreement to the satisfaction of all owners. The terms of the agreement addressed the transition of business management and ownership to ensure orderly succession of the business.
• Worked with wealthy individual to substantially reduce estate taxes by creating various partnerships, grantor retained annuity trusts, installment sale of assets to a grantor trust, and split interest purchase of a residence, along with life insurance planning.
• Handled estate tax audit for estate with significant assets. Audit related to valuation of several closely held business interests, which included the sale of interests to a grantor trust and the discounted valuation of the promissory note.
• Oversaw the sale of a family-owned business valued at $100 million. Work included pre-sale planning involving the creation of trusts and transfer of assets to ensure significant estate tax savings for the client.
• Restructured businesses to facilitate intergenerational transfers of wealth, including buy-out provisions, for a high-net worth family who owns multiple companies and several parcels of related real estate.

• Presenter, "Asset Protection Planning," Heart of America Fellows Institute of the American College of Trust and Estate Counsel, December 2023
• Presenter, "Business Succession Planning - Practical Issues to Succeed in Succession Planning," Missouri State Bar Annual Estate, Trust and Elder Law Institute, October 2022
• Presenter, "Asset Protection Planning," Kansas City Estate Planning Symposium, April 29, 2022
• Presenter, "Asset Protection Planning," Heart of America Fellows Institute of the American College of Trust and Estate Counsel, August 2021
• Presenter, "St. Louis Year-End Review," St. Louis Year-End Update, November 2020
• Guest, "Dental Practices - What Should You Know About Transitioning & Retiring," Business Class News Podcast - Healthcare Insights, October 16, 2020
• Presenter, "Estate and Tax Planning Update," St. Louis Year-End Update & Open House, November 2019
• Co-Presenter, "A Year to Digest: Transfer Tax Provisions of the Tax Cuts and Jobs Act," St. Louis Year-End Update & Open House, November 2018
• Presenter, "Planning in an Uncertain Environment," St. Louis Year-End Update & Open House, November 2017
• Presenter, "Recent Developments and Tax Planning for 2017," St. Louis Year-End Update & Open House, November 2016
• Presenter, "Making Business Planning Part of the Estate Plan," The Missouri Bar Annual Meeting, St. Louis, Missouri, September 22, 2016
• Presenter, "Fundamentals of Estate Planning," St. Louis Year-End Update & Open House, November 2015
• Presenter, "St. Louis Year-End Update & Open House," November 2014
• Presenter, "St. Louis Year-End Update & Open House," November 2013
• Presenter, "St. Louis Year-End Update & Open House," November 2012
• Presenter, "Everything You Need To Know About Shareholder Agreements," The Bar Association of Metropolitan St. Louis, June 2009

• Author, New Tax Provisions Significantly Impact Treatment of Trusts in Divorce, Lathrop Gage Legal Alert, March 2019
• Co-Author, The Tax Cuts and Jobs Act of 2017, Lathrop Gage Legal Alert, December 2017
• Co-Author, Treasury Department Issues Proposed Regulations on Valuation Discounts, Lathrop Gage Legal Alert, August 2016
• Author, Countdown to 2013: Uncertainty Requires Flexibility in Estate Planning, Life & Health Advisor, April 2012
• Co-Author, The Fundamentals of Business Succession Planning, The St. Louis Bar Journal, Fall 2003
• Author, Fiduciary Income Tax Issues for Closely Held Business Interests, Probate & Property, March/April 2003
• Author, Self-Canceling Installment Notes Maintain Estate Planning Usefulness, Practical Tax Strategies, September 2000
• Author, Strategies for Handling Difficult Fiduciary Income Tax Issues, Estate Planning, November 1998
• Author, Asset Management Issues, The St. Louis Bar Journal, Winter 1997
• Author, Planning for The Allocation of Administration Expenses to Income Under Hubert, Journal of Taxation, April 1996
• Author, Crummey Withdrawal Rights: Watch Your Step, Probate & Property, March/April 1996
• Author, Sales Mortgages, Leases and Exchanges, Chapter 6 of Estate Administration, The Missouri Bar CLE

• American Bar Association, Real Property, Probate and Trust Law Section
• The American College of Trust and Estate Counsel, Business Planning Committee and Asset Protection Committee
• The Bar Association of Metropolitan St. Louis, Probate and Trust Law Steering Committee, Past President
• Estate Planning Council of St. Louis, Member
• Illinois State Bar Association, Member
• The Missouri Bar, Probate and Trust Committee
• Supreme Court of Missouri, Disciplinary Hearing Officer, 2016-2022

• Atlas Public Schools, Board Member
• Covenant Place, Board of Directors and Past President
• Productive Living Board, Board of Directors
• The Salvation Army, St. Louis Regional Advisory Board
• St. Louis Children’s Hospital Foundation, Legacy Advisor
• Jewish Federation of the St. Louis Planned Giving Committee

• St. Louis Small Business Monthly, "100 St. Louisans You Should Know to Succeed in Business," 2019
• Selected among The Best Lawyers in America^®, 2010-2024
  • "Lawyer of the Year," 2018, 2020
• Chambers High Net Worth Guide, "Leading Practitioner of Private Wealth Law," 2017-2023
• Missouri & Kansas Super Lawyers, 2005-2022;
  • "Top 50 St. Louis," 2012-2017, 2019, 2023
  • "Top 100," 2011-2012, 2014-2017
• Martindale-Hubbell^® "AV" Rating