Joshua R. Brown

Overview

I am a Partner at the firm, and I am a member of its Business Section. My transactional practice is focused on guiding individuals, closely held businesses and owner-managed businesses with their operations, management succession, and restructuring needs. I advise clients on corporate governance matters, tax planning strategies, real estate transactions, as well as mergers and acquisitions. Additionally, I have vast experience in trust and estate laws from creating estate plans for high-net-worth individuals and situsing trusts in South Dakota to administering complex trusts and probate estates. I further represent charitable organizations in all aspects of their operations from startup to dissolution.

Bio

Josh has been licensed to practice law for over ten years. He was raised in Flandreau, South Dakota. He holds a Bachelor of Arts degree in Sociology and Criminal Justice from South Dakota State University, a Juris Doctorate from the University of South Dakota, and a LL.M. in Taxation from the University of Denver Sturm College of Law. He joined the firm as a Partner in 2023 and is a member of the firm’s Business Section.

He specializes in business and tax law, real estate, and trusts and estates. He has experience creating, reforming and decanting trusts to take advantage of South Dakota’s favorable trust laws and is experienced in trust and estate administration, and business succession planning.

Josh advises and represents clients on their mergers, acquisitions, and corporate governance matters. He assists business owners with operational issues, management succession, and financing options to continue to grow or restructure their business. He represents charitable organizations in all aspects of their operations from startup to dissolution.

Outside of the office, Josh is a member of the El Riad Shrine Director Staff and Shrine Cup Committee and is on the Habitat for Humanity of Greater Sioux Falls Finance Committee. He and his wife, Lisa, have resided in Sioux Falls since 2008 and they have 3 sons, Hendrik, Jameson and Sullivan. They love spending time outdoors, camping in Okoboji, IA, riding bikes on the Sioux Falls trails as well as attending plays at the Washington Pavilion and Orpheum Theater here in Sioux Falls.

Josh has been recognized as The Best Lawyers in America, “Ones to Watch,” for Trusts and Estates in 2023 and 2024.

Representative Matters

  • Assisted multiple public charities with their formation and governance, including obtaining their 501(c)(3) tax-exempt status.
  • Assisted a large ESG company in the acquisition of a direct competitor.
  • Assisted a privately traded company in the sale of its operating business, inventory and real property assets.
  • Assisted in the stock sale of a large medical services provider.
  • Assisted certain private equity companies in fund formation and related activities.
  • Formed multiple corporations, limited liability companies, partnerships, and other like entities. Created shareholder agreements, buy-sell agreements, professional service agreements, employee stock purchase option plans, and other documents.
  • Represented individuals and businesses in drafting, negotiating and closing multiple real estate transactions, including implementing 1031 exchanges for beneficial income tax results.
  • Assisted individuals and trustees in modifying, reforming and decanting trusts using our favorable trust laws here in South Dakota, including implementing the use of directed trusts.
  • Represented individuals in forming a comprehensive estate plan, including Wills, Trusts, Durable Power of Attorney, Health Care Power of Attorney, Living Wills, Transfer on Death Deeds, and Life Estates.
  • Established long term trusts for many clients to ensure future ownership of assets and to provide asset protection.
  • Advised clients on successful tax planning strategies for federal and state income tax liability, as well as gift and estate tax liability.
  • Administrated Informal and Formal Probate and Trust Estates.
  • Provided assistance to disable veterans, through the University of South Dakota’s Veteran Legal Clinic.
  • While studying for his LL.M. degree, he was a volunteer at the Low-Income Taxpayer Clinic, an organization that represents low-income taxpayers before the IRS in audit, appeals, collections, and federal tax litigation.

Admissions

Minnesota
South Dakota

Professional and Community

  • State Bar of South Dakota, Member
  • Sioux Falls Estate Planning Council, Member
  • South Dakota Business Law Committee, Member
  • Sioux Falls Young Professional Network, Member
  • Habitat for Humanity Greater Sioux Falls, Member of Finance Committee

Awards and Recognitions

  • The Best Lawyers in America, “Ones to Watch,” Trusts and Estates, 2023, 2024
  • South Dakota Trial Academy Certification, July 2018

Speaking Engagements

  • 2022: “Hunting Land Uses – Protections for the Owner”,
  • November 2019: “Current Status of the Federal Transfer Tax System,” Trusts and Estates Lunch and Learn Series
  • March 2016: “Estate Planning Basics,” Life Scape Financial Planning & Charitable Gifting Presentation