Bar Admissions
  • Arizona
  • Nevada
  • Utah
Court Admissions
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. Tax Court
Education
  • LL.M., Estate Planning, University of Miami, 1993
  • J.D., Brigham Young University, cum laude, 1985
  • B.S., Brigham Young University, 1982
Bar Admissions
  • Arizona
  • Nevada
  • Utah
Court Admissions
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. Tax Court
Education
  • LL.M., Estate Planning, University of Miami, 1993
  • J.D., Brigham Young University, cum laude, 1985
  • B.S., Brigham Young University, 1982

Professional Background

Scott Swain is Chair of the firm’s Tax Practice and Trust & Estates Practice. Mr. Swain has over thirty years of experience serving clients, of which more than twenty-five have been as a Nevada-licensed attorney. His clients consist primarily of high-net-worth individuals, business owners, public and private charities, and fiduciaries of large trusts and estates. Mr. Swain has provided legal services in all facets of tax and estate planning, probate and trust administration, business entity structure and formation, asset protection, and charitable giving.

2022 is the third consecutive year that Mr. Swain is ranked in the highest Band 1 category in the Chambers High Net Worth Guide for Private Wealth Law.

“Scott has a very good way of framing issues and communicating, and has great knowledge of the estate planning realm.” “He is second to none in his knowledge of tax law and business and entity structures. He is professional, knowledgeable and responsive.” “He has excellent knowledge of taxes and estate planning.” “Scott  is everything your family or company could ever hope to  find. His ability to navigate the legal complexities of this  world have brought my family more peace and comfort  than I can express.” 

– Chambers High Net Worth Guide for Private Wealth Law

Estate Planning

Mr. Swain’s estate planning practice includes the creation of tax-efficient estate plans and the preparation of wills, trusts, marital agreements and powers of attorney. His services focus on implementing sophisticated gift, estate and generation skipping transfer tax planning techniques to minimize taxes on transfers of wealth from one generation to the next.

Mr. Swain offers a broad spectrum of sophisticated tax and estate planning techniques and tailors a specific wealth transfer plan to each client’s unique circumstances. He also assists clients in asset protection strategies and in establishing and operating private foundations, donor-advised funds and other charitable giving vehicles.

Trusts and Estates

Mr. Swain represents personal representatives, trustees, beneficiaries and creditors in probate court proceedings, as well as unsupervised trust and estate administrators. His services include advising clients on fiduciary duties, beneficiary rights, complex creditor claims, fiduciary accounting and tax matters.

Tax Law

Mr. Swain’s legal practice involves all areas of federal and local tax law. He assists high-net-worth clients in all aspects of income and transfer tax planning, and he prepares and defends on audit federal estate tax, gift tax, and generation-skipping transfer tax returns. He also counsels individuals and fiduciaries on pre- and post-mortem income and transfer tax saving and planning opportunities.

Business Entities & Transactions

Mr. Swain represents closely held businesses and business owners in commercial transactions and corporate and tax matters, including the formation of corporations, partnerships, and limited liability companies to achieve tax savings and asset protection. He also assists closely held business owners in succession planning and implementing ownership structures designed to facilitate tax planning and the smooth transition of business ownership. His legal services include representing clients in sales, dissolutions, and other dispositions of closely held business interests.

Awards and Recognition

  • Martindale-Hubbell AV Preeminent Peer Review Rated
  • Vegas Inc. “Top Lawyers” – Tax Law (2022, one of only three lawyers recognized in Tax Law)
  • Chambers High Net Worth Guide, Nevada, Private Wealth Law (2017-2022; Band 1 since 2020)
  • The Best Lawyers in America – Tax Law (2022-2023)
  • The Best Lawyers in America – Trusts and Estates (2008-2023), “Lawyer of the Year” (2016, 2019)
  • Super Lawyers Magazine “Mountain States Super Lawyer” – Estate Planning and Probate, Tax/Business, Business/Corporate (2007-2022)
  • Nevada Business Magazine “Legal Elite” (2009, 2012, 2013)

Community Engagement

  • Fellow, American College of Trust and Estate Counsel (Former Nevada State Chair, Asset Protection Committee)

Attorney News

Trust & Estates Practice Ranked Band 1 for 6th Consecutive Year by Chambers

McDonald Carano proudly announces the sixth consecutive year that we have received the highest ranking of Band 1 in the category of Private Wealth Law in the Chambers High Net…

Our Super Lawyers 2022 Highlights: Ten Attorneys and Four Practice Groups

McDonald Carano proudly announces that 10 attorneys in our Reno and Las Vegas offices received recognition in four areas of law in the Mountain States Super Lawyers list for 2022….

Scott Swain Receives Chambers Highest Band 1 Ranking in Private Wealth Law

McDonald Carano proudly announces that Scott Swain, Chair of our Trust & Estates Practice, received his third consecutive year of Band 1 recognition in the Chambers High Net Worth guide. In…

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