He is middle aged and has personality disorder. Had a few jobs in his 20's but was always fired. He is on SSI and food stamps. Mom set up special need trust which I am in charge of. He can't inherit anything so mom put my name on two of the bank accounts that have a beneficiary. Should I put the money in the trust for them? Or would it be ok to keep the money for me. Can't use the money in the trust for food or housing anyway. Not allowed.
Please, Barbara, relax a bit. This stuff isn't going away. It will be there to deal with when you have some professional help.
On SSI, brother is limited as to any additional income or benefits he can receive without losing the SSI income. However, hardly anyone can live on just that income. Hence, the Special Needs Trust.
Take control of Mom's money, use it to benefit brother. However, if you are taking him out for dinner, and you use Mom's money to pay for both (the money she left in your care) would that work? Same with a vacation-he would require paid supervision, correct?
It sounds like you may need to save the money should he ever need to move to a personal care home or assisted living.
Absent that, Mom set up a special needs trust to provide for brother. Anything she didn't put into that, she left to you, I'm assuming? Along with the piano and the silver? Don't over think this; whatever mom left for you, money wise, pays for your time to admister the trust, is how I'm looking at it.