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.

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.

πŸ“ž (610) 254-0114
🌐 herrpottsandpotts.com

When did you last look at your estate plan?If the answer is "a few years ago" or "I am not sure," you are not alone. Mos...
06/11/2026

When did you last look at your estate plan?

If the answer is "a few years ago" or "I am not sure," you are not alone. Most families set up their documents, breathe a sigh of relief, and move on. Which makes complete sense.

But life changes. Laws change. A trust that was perfectly structured five years ago may not reflect your family's situation today. Your loved one's needs may have evolved. The people you named as trustees or guardians may no longer be the right fit.

Reviewing your plan is not starting over. It is making sure what you built still works.
We are happy to take a look with you.

πŸ“ž (610) 254-0114
🌐 herrpottsandpotts.com

Partner, Stephen D. Potts, has been selected to Super Lawyers for the fourth consecutive year, 2023 through 2026.Steve h...
06/08/2026

Partner, Stephen D. Potts, has been selected to Super Lawyers for the fourth consecutive year, 2023 through 2026.

Steve has enjoyed guiding families through some of the most important decisions they will ever make. This recognition reflects not just his knowledge of estate planning and probate law, but the trust that clients and colleagues have placed in him year after year.

Congratulations, Steve!

πŸ“ž (610) 254-0114 🌐 herrpottsandpotts.com

Most special needs planning focuses on one question: what happens to my loved one when I am gone?But there is another qu...
06/01/2026

Most special needs planning focuses on one question: what happens to my loved one when I am gone?

But there is another question families do not think about often enough.

What happens if I can no longer be their caregiver?

A diagnosis. A decline. A sudden health crisis. If the person who has always been the anchor becomes unable to fill that role, what is the plan?

June is Alzheimer's and Brain Awareness Month, and it is a quiet reminder that planning is not just about the end of life. It is about protecting the people we love through every chapter, including the unexpected ones.

If you do not have a backup plan for your loved one's care, we are here to help you build one.

πŸ“ž (610) 254-0114
🌐 herrpottsandpotts.com

There is a document that does not require an attorney to write, but it might be the most important thing you ever put on...
05/28/2026

There is a document that does not require an attorney to write, but it might be the most important thing you ever put on paper for your loved one.

It is called a Letter of Intent.

It is not a legal document. It is a guide, written by you, in your own words, about who your loved one is. What brings them joy. What upsets them. Their daily routines, their medical history, their favorite things, the people they trust, and the life you hope they will continue to have.

When you are no longer there to speak for them, a Letter of Intent speaks for you.
It is something we encourage every family to write alongside their legal plan. We are happy to talk through what goes into it.

πŸ“ž (610) 254-0114🌐 herrpottsandpotts.com

When there is a child with special needs in a family, estate planning gets more complicated.What do you leave to each ch...
05/18/2026

When there is a child with special needs in a family, estate planning gets more complicated.
What do you leave to each child and how? If you leave money directly to a sibling to "take care of" their brother or sister, what happens if that sibling goes through a divorce, a bankruptcy, or their own financial hardship? What if they predecease the loved one they were meant to support?

These are not worst-case scenarios. They are real situations families face, and they are exactly why the planning matters.

A thoughtful estate plan accounts for every child, protecting both your loved one with special needs and the siblings who may one day carry a lot of the responsibility.
We have helped families navigate this for over 80 years. We know it is not simple. That is exactly why we are here.

πŸ“ž (610) 254-0114🌐 herrpottsandpotts.com

Most families planning for a loved one with special needs have heard of Special Needs Trusts.Far fewer have heard of ABL...
05/14/2026

Most families planning for a loved one with special needs have heard of Special Needs Trusts.

Far fewer have heard of ABLE accounts and that is a shame, because they can be a powerful part of the picture.

An ABLE account is a tax-advantaged savings account available to people with disabilities. Unlike a regular savings account, money in an ABLE account generally does not count against SSI or Medicaid eligibility. A loved one can even contribute to it themselves and maintain some financial independence.

ABLE accounts are not a replacement for a Special Needs Trust. But used together, they give families more flexibility and more options.

If you have never heard of ABLE accounts, or you are not sure how they fit into your plan, we are happy to talk it through.

πŸ“ž (610) 254-0114🌐 herrpottsandpotts.com

When families set up a Special Needs Trust, they spend a lot of time thinking about the money.But the harder question is...
05/04/2026

When families set up a Special Needs Trust, they spend a lot of time thinking about the money.

But the harder question is often this: who is going to be in charge of it?

A trustee is not just someone who holds funds. They make decisions about how money is spent, navigate SSI and Medicaid rules, keep records, and step in when life gets complicated. It is a big responsibility and choosing the wrong person, even someone you love and trust completely, can create real problems down the road.

A family member can absolutely serve as trustee. But it is worth having a real conversation about what that role actually involves before you decide.

We help families think through this carefully. It is one of the most important decisions in the whole process.

πŸ“ž (610) 254-0114🌐 herrpottsandpotts.com

One of the most common misconceptions we hear is this:β€œIf my child or loved one has a disability, they can’t inherit ass...
04/30/2026

One of the most common misconceptions we hear is this:
β€œIf my child or loved one has a disability, they can’t inherit assets.”

That simply isn’t true.

With the right legal tools, families can leave an inheritance, receive gifts, or set aside funds without jeopardizing essential benefits. The key is how those assets are structured and managed. A properly drafted Special Needs Trust allows support to enhance quality of life while preserving eligibility for programs that provide medical care and financial assistance.

Knowing your options changes everything.

🌟 Our own Stephen D. Potts is presenting TOMORROW at The Arc of Chester County's Chat-n-Chew Speaker Series! Join Steve ...
03/10/2026

🌟 Our own Stephen D. Potts is presenting TOMORROW at The Arc of Chester County's Chat-n-Chew Speaker Series!

Join Steve for a free session on Estate Planning and Special Needs Trusts - what they are, why they matter, and which type might be right for your family. It's a casual, welcoming environment open to everyone: parents, caregivers, individuals with disabilities, and community members alike.

πŸ“… Wednesday, March 11
πŸ•¦ 11:30 AM – 1:00 PM
πŸ“ The Arc of Chester County

This is a FREE, virtual event. We'd love to see you there! Register or learn more here: https://arcofchestercounty.org/events-activities/event-calendar.html/event/2026/03/11/chat-n-chew-session-estate-planning-special-needs-trusts-/552278

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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