Herr, Potts and Potts

Herr, Potts and Potts Practice areas include Estate and Trust Planning & Administration, Special Needs Planning, Guardianships, Legal Name Changes, and more.

Here is something most estate planning attorneys will not tell you.The child you are planning for today may not be the p...
08/31/2026

Here is something most estate planning attorneys will not tell you.

The child you are planning for today may not be the person they are in ten or twenty years.

A child with significant challenges at eight may, with the right support, become a largely
independent adult. A plan built only around limitation can actually hold someone back,
financially and legally, from the life they are capable of living.

At Herr, Potts and Potts, we strive to build plans that are flexible enough to grow. Trusts that can adapt. Named Guardians that can be revisited. Structures that protect without restricting more than necessary.

Because the goal was never just protection. It was always possibility.

📞 (610) 254-0114
🌐 herrpottsandpotts.com

Here is a number that changes everything for families with a loved one on SSI.Two thousand dollars.That is the asset lim...
08/28/2026

Here is a number that changes everything for families with a loved one on SSI.

Two thousand dollars.

That is the asset limit for most individuals receiving Supplemental Security Income. The asset limit can increase through the years but if your loved one's assets limit is $2,000, they can lose benefits if their assets go above that number. That includes an inheritance. A gift. Even a well-intended check from a grandparent.

This is exactly why a Special Needs Trust exists. Assets held in a properly structured trust do
not count toward that limit. Your loved one can receive an inheritance, a life insurance payout,
or financial support from your estate without it costing them their benefits.

Two thousand dollars is a very small number. The planning that protects around it does not
have to be complicated. We are here to walk you through it.

📞 (610) 254-0114
🌐 herrpottsandpotts.com

For over 80 years, Herr, Potts and Potts has been helping families in Chester, Delaware, and Montgomery Counties plan fo...
08/24/2026

For over 80 years, Herr, Potts and Potts has been helping families in Chester, Delaware, and Montgomery Counties plan for the future.

That kind of longevity does not happen by accident. It comes from treating every client's situation as the unique, important, deeply personal matter that it is.

"Experienced legal counsel with a personal touch." That is not just a tagline for us. It is how we have worked for eight decades, and how we will keep working.

We are grateful to the families who have trusted us with some of the most important decisions of their lives.

📞 (610) 254-0114
🌐 herrpottsandpotts.com

Most people think of a Special Needs Trust as something parents set up for a child.But what happens when the money belon...
08/19/2026

Most people think of a Special Needs Trust as something parents set up for a child.

But what happens when the money belongs to the person with disabilities themselves?

A lawsuit settlement. A personal injury award. An inheritance received directly. A divorce settlement.

In these situations, a different type of trust is needed, one that holds the individual's own funds while still protecting their government benefits. It is called an OBRA-93 Payback Trust, and it comes with its own specific rules, including a requirement that any remaining funds reimburse Medicaid after the beneficiary passes away.

Getting this wrong can mean losing benefits or leaving a family without the protection they thought they had.

This is exactly the kind of planning that requires an experienced attorney. We have helped families navigate these situations for decades. If your loved one has received or is expecting a financial settlement, we can help you structure it correctly.

📞 (610) 254-0114
🌐 herrpottsandpotts.com

Complex estates require more than legal knowledge. They require compassion. We're honored when clients trust us through ...
07/27/2026

Complex estates require more than legal knowledge. They require compassion. We're honored when clients trust us through their most difficult moments.

"Marilyn Mitchell has been amazing. The extensive compassion, research and reliability during this extremely emotional and difficult time has been incredible. If you're looking for a lawyer that will be in your corner during a difficult time in your life…this IS the firm for you."

That's the standard we hold ourselves to every day. 💙

A Special Needs Trust is sometimes called a "supplemental needs trust" and that word, supplemental, is doing a lot of im...
07/23/2026

A Special Needs Trust is sometimes called a "supplemental needs trust" and that word, supplemental, is doing a lot of important work.

The trust is designed to supplement government benefits, not replace them. That means it can cover things that SSI and Medicaid do not, things like education, recreation, travel, technology, and personal care items, without putting those benefits at risk.

But it also means there are distributions that can cause problems if they are not handled carefully. Direct cash payments, for example, or expenses that are supposed to be covered by benefits can create issues.

This is why trustee education matters. And why working with an attorney who knows this area of law is so important.

Have questions about what your trust can and cannot do? We are happy to walk you through it.

📞 (610) 254-0114
🌐 herrpottsandpotts.com

Ever Wonder What Happens If You Don’t Plan?Families raising or caring for someone with special needs spend so much time ...
07/15/2026

Ever Wonder What Happens If You Don’t Plan?

Families raising or caring for someone with special needs spend so much time managing the day-to-day that long-term planning often gets pushed aside. Not because it isn’t important… but because it feels complicated, emotional, or overwhelming.

Here’s the hard truth: without proper planning, well-intended decisions can unintentionally disrupt SSI, Medicaid, or other essential benefits. Inheritances, settlements, or even gifts can create problems when they aren’t structured correctly.

That’s where thoughtful legal planning comes in. Tools like Special Needs Trusts and guardianships exist to protect benefits, preserve dignity, and provide stability as life changes. Planning isn’t about giving up control. It’s about making sure the right protections are in place when they’re needed most.

If you’ve been meaning to “get to it someday,” consider this your nudge. Your future self will thank you.

The phone call. The appointment. The words you were not expecting.When a family receives a disability diagnosis, the emo...
07/10/2026

The phone call. The appointment. The words you were not expecting.

When a family receives a disability diagnosis, the emotional weight is immediate. The legal questions come later, often all at once, and without a clear place to start.

What benefits is my child entitled to? How do I protect them financially? What happens if something happens to me?

These are not questions you need to figure out on your own. At Herr, Potts and Potts, we work with families from that very first moment of "I don't know where to begin." We take the time to listen, explain your options clearly, and help you build a plan that actually fits your family's life.

You do not have to have it all figured out before you call.

📞 (610) 254-0114
🌐 herrpottsandpotts.com

Dads do not always talk about this stuff.But the ones who have been through it, who have sat down, made the hard decisio...
06/21/2026

Dads do not always talk about this stuff.

But the ones who have been through it, who have sat down, made the hard decisions, and put a plan in place for a child with special needs, will tell you the same thing.

It is one of the best things they ever did for their family.

This Father's Day, if there is a plan you have been meaning to put in place or revisit, consider this a nudge. The people you love are worth the conversation.

We are here when you are ready.

📞 (610) 254-0114
🌐 herrpottsandpotts.com

SSI and SSDI. You have probably heard both terms. But do you know the difference, and why it matters for your family's p...
06/16/2026

SSI and SSDI. You have probably heard both terms. But do you know the difference, and why it matters for your family's planning?

SSI, Supplemental Security Income, is based on financial need. It has strict asset limits, which is exactly why a Special Needs Trust matters so much. Money held in a properly structured trust does not count against those limits.

SSDI, Social Security Disability Insurance, is based on work history, either the individual's own or a parent's. It does not have the same asset restrictions, but it has its own rules.
Many people with disabilities receive one or both. And the type of benefits your loved one receives affects how your estate plan should be structured.

This is the kind of thing that is easy to get wrong without guidance. We are here to help you get it right.

📞 (610) 254-0114
🌐 herrpottsandpotts.com

Address

200 Eagle Road, Ste 106
Wayne, PA
19087

Opening Hours

Monday 9am - 5pm
Tuesday 9am - 5pm
Wednesday 9am - 5pm
Thursday 9am - 5pm
Friday 9am - 5pm

Telephone

+16102540114

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