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Scott H. Malin

Mr. Malin serves on the firm's Executive Committee, is the Chair of the firm's Business Division and is a member of the wealth strategies practice area.  His practice focuses on succession planning, estate planning and administration, taxation, charitable planning, and general business law for individuals, privately held businesses and families. Within those practice areas, Mr. Malin counsels clients on the preservation and transfer of wealth in a tax-efficient manner and advises business owners in the transition of ownership, management and control of private businesses.

Mr. Malin is an Adjunct Professor at the Washington University School of Law in the Master’s of Taxation Program, where he teaches a class in Closely Held Business and Succession Planning. He is a frequent lecturer and speaker on succession planning, estate planning and tax issues for various organizations including The Missouri Bar, the Bar Association of Metropolitan St. Louis, and the University of Missouri – Kansas City. He has authored articles for such publications as Estate Planning, the Journal of Taxation, the St Louis Bar Journal, Probate & Property, and Practical Tax Strategies, and has been interviewed about business succession planning strategies for closely held businesses and general business law for the St. Louis Business Journal and St. Louis Post-Dispatch.

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 multiple family members of three generations, 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 Buy-Sell Agreement addressed the transition of business management and ownership to insure 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 gratuity trust and the directed valuation of the promissory note.

Court Memberships

  • Illinois
  • Missouri
  • U.S. District Court for the Northern District of Illinois
  • U.S. Tax Court

Honors

  • Selected as a Lawyer of the Year, by The Best Lawyers in America® - Closely Held Companies and Family Business Law - St. Louis, 2018
  • Selected among The Best Lawyers in America®, 2010-2018
  • Selected for Missouri/Kansas Super Lawyers, 2005-2017
  • Recognized as Leading Practitioner of Private Wealth Law by Chambers High Net Worth Guide, 2017
  • Selected as one of the “Top 100 Attorneys” from Missouri and Kansas by Missouri/Kansas Super Lawyers 2011-2012, 2014-2017
  • Selected as one of the “Top 50 Attorneys” in St. Louis by Missouri/Kansas Super Lawyers in 2013 - 2017
  • Fellow, American College of Trust and Estate Counsel
  • Martindale-Hubbell® “AV” Rating
  • Order of the Coif
  • Editorial Staff Member, Washington University Law Quarterly, 1987-1989

Professional Affiliations

  • Productive Living Board, Board Member
  • Covenant Place, Board of Directors and President
  • Disciplinary Hearing Officer for the Supreme Court of Missouri
  • American College of Trust and Estate Counsel, Business Planning Committee
  • Estate Planning Council of St. Louis
  • Bar Association of Metropolitan St. Louis, Past President, Probate and Trust Law Steering Committee
  • The Missouri Bar, Probate and Trust Committee
  • Illinois State Bar Association
  • American Bar Association, Real Property, Probate and Trust Law Section
  • Member of St. Louis Regional Advisory Board of the Salvation Army
  • St. Louis Children’s Hospital Foundation - Legacy Advisor

Publications

  • 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
Photo of Scott H. Malin
  • St. Louis

    7701 Forsyth Boulevard
    Suite 500
    Clayton, MO 63105
  • Chicago

    155 North Wacker Drive
    Suite 3000
    Chicago, IL 60606-1787
F: 314.613.2801

Assistant

Juli Mantia
314.613.2817

Education

Washington University School of Law, J.D., 1989

Indiana University, B.S., 1986